HomeMy WebLinkAbout941239.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING
ORDINANCES
A public hearing was conducted on December 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
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 #2143 - Larry and Stacy Ditter: Barry Kramer, Department of Planning Services,
presented the case report for the record. He reported the commercial business being
operated from the property, Ditter Excavation, is a violation of Section 31.2 of the Weld
County Zoning Ordinance. The property owners must apply for a Use by Special Review,
have it approved and all conditions met to bring the property into compliance. Mr. Kramer
indicated no application has been received from the property owners to date. Responding
to Commissioner Kirkmeyer, Mr. Kramer stated the property owners retained attorney Tom
Hellerich to complete the USR application. As indicated in a phone conversation staff had
with Kay Ditter in September, the property owners assumed the attorney was still working
on the application. Kerry Ditter, representing the property owners, stated she talked with
Mr. Hellerich approximately one-and-a-half months ago and he told her he would submit
the application the following week. She indicated she had already received and paid a bill
for the attorney's services. In response to Commissioner Kirkmeyer, Mrs. Ditter stated she
did not have a copy of the application. Mr. Kramer stated he talked with Mr. Hellerich on
December 8, 1994, and to date the application has not been submitted. Bruce Barker,
County Attorney, suggested he contact Mr. Hellerich and ask for a definite date the
application will be submitted. Mr. Kramer verified the violation would be closed when the
Use by Special Review application is submitted. Commissioner Harbert moved to continue
VI #2143 until January 10, 1995, at 1:30 p.m., to allow the property owners' attorney time
to complete and submit a Use by Special Review application to the Department of Planning
Services. The motion was seconded by Commissioner Kirkmeyer and carried unanimously.
VI #2054 -Sammie and Lillian Gallegos: Mr. Kramer presented the case report for the
record, including a video of the property taken December 12, 1994. He reported the
noncommercial junkyard, consisting of numerous derelict vehicles, is a violation of Sections
31.2 and 31.3.9 of the Weld County Zoning Ordinance. Mr. Kramer indicated staff
approved a screening plan in February 1994; however, in March 1994, the property owners
decided to build a garage in which to store the vehicles. Although inspections in May 1994,
and September 1994, showed progress being made, the building was not completed and
the property still in violation in November 1994. Mr. Kramer stated the doors must be
installed and the vehicles moved inside to bring the property into compliance. Herbert
941239
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BUILDING CODE AND ZONING VIOLATIONS
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Gallegos, representing the property owners, resides on the property and stated the family
is not financially able to finish building the garage at this time. He indicated only three cars
will be stored in the garage and the fourth will be removed from the property. Mr. Gallegos
reiterated they only had to install the doors on the garage and move the cars inside to be
in compliance, and stated they should be able to complete the garage within three months.
The Board asked staff if there were some other resolution to the violation, such as moving
the cars inside the garage and placing heavy, plastic tarp over the door openings until the
Gallegos' can afford to install the doors. Ed Stoner, Department of Planning Services,
stated the property owners are in a Catch-22 of the building permit rules which state the
building cannot be occupied until it passes final inspection. In this case, the structure will
not pass final inspection until the doors are installed, thereby perpetuating the Zoning
Ordinance violation in that the property owners cannot move the derelict vehicles into the
garage, out of public sight. Commissioner Harbert moved to delay referral to the County
Attorney for legal action of VI #2054 against Sammie and Lillian Gallegos until March 14,
1995 to allow the property owners to complete construction of the garage and final
inspection. Commissioner Baxter seconded the motion and it was carried unanimously.
VI #2149 - Jerry and Lucy Pulido: Mr. Kramer reported this case closed.
BCV#2141 - Duane Nelson: Mr. Kramer reported this case closed.
VI #2148 - Donald and Patricia Evig and Meryle Change: Mr. Kramer reported this case
closed.
BCV#2139 and #2140 - Leroy Bernhardt: Mr. Kramer reported this case closed.
This Certification was approved on the 19th day of December, 1994.
APPROVED:
ATTEST: r / L%7BOARD OF COUNTY COMMISSIONERS
I � WELD COUNTY, COLORADO
Weld County Clerk tot Board / y �l 9
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By: /7-1‘.1124/7/1 {y!r., _ W. H. Webster, Chairman
Deputy Clerk o the Board1.--)-te-l-g/4(0 N ^.
Dale . Hall, Pro-Teft
TAPE #94-48 t1
RESO#941239 - 941240 George Baxter
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Constance L. Harbert
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bara J. Kirkmey r
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