HomeMy WebLinkAbout941608.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on July 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, Lin Dodge
Assistant County Attorney, Lee Morrison
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. Assistant County Attorney Lee Morrison stated for the
record that none of the noticed property owners of the scheduled cases
were present or represented at this hearing. Cases heard were as follows.
BCV # 2120 - Fort Vasquez Club, Ltd. : Barry Kramer, Department of
Planning Services, reported this case closed.
VI #2110 - Teresa Howerton and Bud Brown: Mr. Kramer reported this case
closed.
VI #2114 - Elmer and Bernice Loeffler/Francis Derby (Tenant) : Mr. Kramer
made this a matter of record and presented the case report. He indicated
this noncommercial junkyard and kennel is a violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance, and reported the property
owners have submitted a screening plan. Mr. Kramer requested an extension
of thirty days to allow for approval and initiation of said plan. No
public comment was offered. Mr. Morrison clarified that staff was
requesting this extension, not the property owner. Commissioner Kirkmeyer
moved to continue this matter to August 9, 1994, at 10:00 A.M.
Commissioner Harbert seconded the motion, which carried unanimously.
VI #2111 - Manuel Velasco: Mr. Kramer made this a matter of record and
reported the noncommercial junkyard is a violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. He reported that during the
site inspection July 11, 1994, Mr. Velasco submitted a screening plan and
requested a sixty-day extension. Commissioner Kirkmeyer verified the
Board should handle this request as a delay in referring the case to the
County Attorney's office for legal action since staff did not request the
extension. No public comment was offered. Commissioner Baxter moved to
delay referral to the County Attorney for legal action of VI #2111 against
Manuel Velasco for sixty days to allow Mr. Velasco to bring the property
into compliance. The motion was seconded by Commissioner Kirkmeyer, and
carried unanimously.
VI #2108 - Larry Strube: Mr. Kramer made this a matter of record and
stated the noncommercial junkyard is a violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. He reported some screening
941608
PL0824
RE: BUILDING CODE AND ZONING VIOLATIONS
PAGE 2
had been installed along the north side of the property; however, no
screening plan had been submitted or approved. He indicated on July 11,
1994, he received Mr. Strube's screening plan and a letter requesting 120
days to complete the screening. No public comment was offered.
Commissioner Hall moved to delay referral of VI 112108 against Larry Strube
to the County Attorney for legal action for 120 days to allow the property
owner to complete the screening and bring the property into compliance.
Commissioner Kirkmeyer seconded the motion. Commissioner Harbert
indicated property owners should be required to appear before the Board
after lengthy deferrals such as this. Commissioner Hall stated the
purpose of the delayed referral to the County Attorney was to expedite the
violation process. In response to Commissioner Kirkmeyer, Keith Schuett,
Department of Planning Services, verified the property owner is advised
that the case is automatically referred to the County Attorney's office on
the date set if the property is found not to be in compliance. With no
further discussion, the motion carried unanimously.
VI #2102 - Ed Avila: Mr. Kramer made this a matter of record and stated
the noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of
the Weld County Zoning Ordinance. Mr. Kramer reported that Mr. Avila had
only one derelict vehicle left on the property, and that vehicle was owned
by Mr. Avila's sister who lives out-of-state. Mr. Kramer indicated he had
requested a letter from Mr. Avila explaining the situation and has
received no response as of this date. Lee Morrison clarified for the
Board the legal process after the case is referred to the County
Attorney' s office. Mr. Kramer verified for Commissioner Harbert that only
one derelict vehicle remains on the property. No public testimony was
offered. Commissioner Baxter moved to refer VI #2102 against Ed Avila to
the County Attorney for legal action. The motion was seconded by
Commissioner Kirkmeyer and carried unanimously.
This Certification was approved on the 18th day of July, 1994.
1/
%�J� APPROVED:
ATTEST:4W BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, ,COLORADO
Weld Cyunty Clerk the o
•
By: 24d 244thrti
an
Deputy
K. Hall, o em
TAPE #94-29
14-4
RESO 11 940644 - 940647 Geo e E. Baxter
PL0824 ,�! <•-e
Constance L. Harbert
i
arbara J. Kirk rty yer
RECORD OF PROCEEDINGS
VIOLATION HEARINGS AGENDA
Tuesday, July 12, 1994 TAPE #94-29
ROLL CALL: W. H. Webster, Chairman
Dale K. Hall, Pro-Tem
George E. Baxter
Constance L. Harbert
Barbara J. Kirkmeyer
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Lin Dodge
Planning Department representative, Barry Kramer
Planning Department representative, Keith Schuett
PLANNING:
NEW: 1) BCV #2120 - Fort Vasquez Club Ltd. - CLOSED
2) VI #2110 - Howerton and Brown - CLOSED
3) VI #2114 - Loeffler/Derby
4) VI #2111 - Velasco
5) VI #2108 - Strube
6) VI #2102 - Avila
mEmORAf1DU�1 V.ILD CCUiIP(
o
Board of County CommissionersF•% niy-8,"199410" l7
Vk To Date Department of Planning Services ,rc/
CLERK
COLORADO From
Zoning and Building Code Violations nearing
Subject:
The Department of Planning Services has scheduled the following violations to be
considered at the July 12, 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-2114, Elmer & Bernice Loeffler/Francis Derby (Tenant)
Section(s) 31.2 and 31.3.9
Noncommercial junkyard and kennel
BCV-2120, Fort Vasquez Club Ltd.
Section(s) 20.13.5
Hazardous wiring
VI-2111, Manuel Velasco
Section(s) 31.2 and 31.3.9
Noncommercial junkyard
VI-2102, Edward Avila
Section(s) 31.2 and 31.3.9
Noncommercial junkyard
VI-2108, Larry Strube
Section(s) 31.2 and 31.3.9
Noncommercial junkyard
VI-2110, Teresa Howerton and Bud Brown
Sections(s) 31.2 and 31.3.9
Noncommercial Junkyard
DATE: July 12, 1994
VIOLATION NUMBER: BCV-2120
NAME: Fort Vasquez Club, Ltd.
ADDRESS: 162 Ash Street, Denver, Colorado 80202
LEGAL DESCRIPTION: The NW4 NW4 of Section 31, T3N. R66W of the 6th P.M. , Weld
County, Colorado.
CASE SUMMARY
June 22, 1994 Violation letter issued.
June 29, 1994 Property inspected. Property still in violation.
June 30, 1994 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
The hazardous wiring is a violation of Section(s) 20. 13.5 of the Weld County
Building Code Ordinance. To correct the violation the hazardous wiring must be
removed.
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.
•
611( lei-
DEPARTMENT OF PLANNING SERVICES
PHCNE 303) 353. 45, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. RA AVENUE
GREELEY,EY,Y, COLORADO 80631
COLORADO
June 30, 1994
Fort Vasquez Club, Ltd.
162 Ash Street
Denver, CO 80202
Subject: BCV-2120 Building Code Violation on a parcel of land described as
NW4 NW4 of Section 31, T3N, R66W of the 6th P.M. , Weld County,
Colorado.
Dear Sirs:
As of June 29, 1994 the above property remains in violation of the Weld
County Building Ordinance. I have scheduled a hearing with the Board of
County Commissioners on Tuesday, July 12, 1994 at 10:00 a.m. to consider
this Building Code Violation. The property will be reinspected on July 11,
1994 to determine compliance and if uses on the property are not in
compliance at the time of the inspection, then the Building Code 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,
913 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,
kuld
tarry Kramer
Building Inspection Technician
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
Date (p " � 9" 7J Violation Number g(! 1/- J/ v2 ()
,,��—. Permit Number A/ (D
Property Owner /4- 7. CLI,fL72 Tenant
Address /6a /4-71 si / Address
/ ,
Legal Description 4/W y .4/&/V/ S cDo/✓ V 03 £ i(..o \A.//
Inspection of the above described property revealed building code violations of
Section(s) 2 a. 13. es
of the Weld County Building Code Ordinance.
Explanation of Violation:
/VA 7-fe/iavf //2-/4- AA £ t/O c≤ &£ A/ I vS�
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 /c-.)-7-' 471
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 thif matter will be helpful.
This office is ready to be of any assistance in clarifying qr answering questions
concerning this matter. Please call or write the Department of Planning
Services' office within five days.
Inspector
Weld County Building Inspection Department
1400 N. 17th Avenue
Greeley, Colorado 80631
Phone 353-3845 Ext. 3525
t1NITED
POWER
UNITED POWER, INCORPORATED
P.O. BOX:929, BRIGHTON, CO 80601
TELEPHONE:(303) 659-0551 ■ 1-800-468-8809
FAX (303)659-2172
June 1, 1994
Mr. Dave Sprague
Weld County Building Inspector
1400 North 1T Avenue
Greeley, CO 80631
Dear Mr. Sprague:
Confirming my telephone conversation of June 1, 1994, with Becky of your offices, we
discovered what we believe to be a public electrical hazard which needs your inspection.
The location is in rural southern Weld County, approximately 3/10 miles west of the
intersection of Colorado Highway 85 and Weld County Road 28. Turn left on farm road
on south side of Weld County Road 28 just before bridge crossing of river. Take right at
road fork which goes toward the river.
It appears this is a seasonal greenhouse operation which has been wired without provision
for any electrical codes.
Please contact me at (303) 659-0551 should you have any problem locating the
greenhouse. We are interested in knowing what can be done about these types of
problems.
Sincerely,
UNITED POWER, INC.
it/
G.W. Gardner
Loss Control, Regulation
and Safety Specialist
GW G:jrs
cc: Judy Swank
r.,
JUN_0_3 1994
5
Weld County Planning
A CONSUMER OWNED UTILITY
DATE: July 12, 1994
VIOLATION NUMBER: VI-2110
NAME: Teresa Howerton and Bud Brown
ADDRESS: 2273 Weld County Road 37
Brighton, CO 80601
LEGAL DESCRIPTION: Lot 2, Block 3, Nelson Subdivision, Weld County, Colorado.
CASE SUMMARY
May 16, 1994 Five day compliance encouragement letter issued.
May 19, 1994 Case memorandum.
June 14, 1994 Violation letter issued.
June 29, 1994 Property inspected. Property still in violation.
June 30, 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 to the Planning Department and then approved and installed 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.
INSPECTION REPORT
NAME: Teresa Howerton and Bud Brown
LEGAL DESCRIPTION OF PROPERTY: Lot 2, Block 3, Nelson Subdivision, Weld
County, Colorado.
DATE: June 29, 1994
CASE NUMBER: VI-2110
Inspected the property to determine compliance. The property is not in
compliance at this time. There is still a minor noncommercial junkyard (trailer
with junk in it) located on the property. The cars on the west side of the
property have been screened and the animal units have been reduced within the
number allowed on a 2-1/2 acre parcel.
Barry Kr
Building Inspection Technician
�11
et \if Alm DEPARTMENT OF PLANNING SERVICES
PHONE t303)3533845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
WI lie1400 N. 17TH AVENUE
GP.EELEY, COLORADO 80531
COLORADO
.::Ina 30, 1994
Teresa Howerton and Sud Brown
2273 Wold County Road 37
i y.`.tcn, CO 80501
Subject: VI-2110 Zoning Violation on a parcel of land described as Lot 2,
Block 3, Nelson Subdivision, Weld County, Colorado.
Dear ms. Howerton ai:d yr. Brown:
Ac of June 29, 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, July 12, 1994 at 10:00 a.m. to consider
this Zoning Violation. The property will be reinspected on July 11, 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 -a=es on the property.
The Zeoartment cf Planning Services' staff will be recommending that the
Board of County Commissioners authorize the County Attorney to proceed with
legal action tc 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,
rijj .v1JA
Barry Kramer
Building Inspection Technician
WELD COUNTY DI RTMENT OF PLANNING SERVICES' C ZEN INQUIRY FORM
1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
'II TELEPHONE ❑ OFFICE FIRST INQUIRY? 0 YES O N DATE: r - .> 2 S C/
NAME: C ', .. PHONE a: ,%: C7/<1 7
ADDRESS: .2// C)
TYPE OF INQUIRY
❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN
❑ ZPMH 0 PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT
O RE ❑ FINAL PLAT ❑ ZONING
❑ AMENDED RE ❑ RESUBDIVISION 0 ADDRESSING
❑ SE 0 FHDP 0 BUILDING PERMIT
❑ AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS
❑ SITE PLAN REVIEW 0 USR 0 HOME OCCUPATION
O REZONING 0 AMENDED USR 32r 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
❑ Keith Schuett 0 Greg Thompson 0 Gloria Dunn 0 Todd Hodges
❑ Sharon White Scilarry Kramer 0 Chuck Cunliffe 0
ITEMS DISCUSSED: - J , � t + � . , , , /
—1—' 2C s 7 ti - ,, !
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•rh , f,A mil/ ] ^t; c , n( / Len .. ,
/(—.. r/S A
CONCERNS: r� L . 4 --- ild r
ACTION TO BE TAKEN: .., /l < iC . ,G, J- 7^�
Time spent / Staff Member's Initials /—
&.
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 3533845, EXT. 3540
WELD CCUNTY ADMINISTRATIVE OFFICES
Wfige1400 N. 17TH AVENUE
GREELEY, COLORADO80631
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
Date: June 1 , 1994 Violation Number: VI-2110
Name: Teresa Yowerton and Bud Brown
Address: 2273 Weld County Road 37
Brighton, CO 80601
Legal Description: Lot 2, Block 3, Nelson Subdivision, 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 vehicles and miscellaneous junk) located on
the property without proper screening from adjacent properties and public rights-
of-way, also the number of animal units exceed the number allowed. 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 prior to
installation, also the number of animal units would need to be reduced or the
proper permits would need to be applied for and approved to allow the number of
animals to exceed the number allowed under the bulk requirements for the
agricultural 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 July 1, 1994, to correct this
zoning violation. Failure to do so will result in this office scheduling the
violation before the 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 Kramer
Building/Inspection Technician
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Barry Kramer
NAME: Bud Brown and Teresa Howerton
LEGAL DESCRIPTION OF PROPERTY: Lot 2, Block 3, Nelson Subdivision, Weld
County, Colorado.
DATE: May 19, 1994
CASE NUMBER: C-94-91
Teresa Howerton called to discuss the zoning violation on her property.
Ms. Howerton said that she was under the impression that livestock was not
considered an animal unit until it was 6 months old. I informed Ms.
Howerton that it only applied to household pets as defined in the Zoning
Ordinance. She said that there were 8 horses, and 24 goats on the property
but she would be reducing the number of animals shortly. Ms. Howerton also
told me she intends to build a fence to screen her property.
„
�` DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353.3345. EXT. 3540
WELD COUNTY ADMINISTRATIVE O==ICES
1400 N. 17TH AVENUE
GREELEY.EY, COLORADO 9G6�1
•
COLORADO
May 16, 1994
Bud F. Brown and Teresa C. Howerton
2273 Weld County Road 37
Brighton, CO 80601
Subject: C-94-91 Property located at Lot 2, Block 3, Nelson Subdivision, Weld
County, Colorado.
Dear Mr. Brown and Ms. Howerton:
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, miscellaneous materials, and junk)
located on the property without proper screening from adjacent properties and
public rights-of-way, also the number of animals exceed the number allowed on 2
acre parcel. This is not a use allowed by right in the A (Agricultural) zone
district.
Please call me within rive working days of the date of this letter to review the
concern with me.
Sincerely,
Barry Kramer
Building Inspection Technician
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