HomeMy WebLinkAbout981215.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on July 14, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair- EXCUSED
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Carol Harding
County Attorney, Bruce Barker
Planning Department representative, Sharyn Frazer
Planning Department representative, David Sprague
Health Department representative, Trevor Jiricek
Health Department representative, Dan Parkos
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 Zoning Ordinance. Cases were heard as follows:
VI #9800077 - SCHNEIDER: Sharyn Frazer, Department of Planning Services, and Trevor
Jiricek, Health Department, presented the case report for the record and Ms. Frazer stated the
property is in violation of Section 4.8.3(A) and Section 4.8.5(A)(5) of the Confined Animal
Feeding Operation Control Regulations (CAFO). Upon inspection of the property on February
21, 1997, staff observed no adequate wastewater collection and storage facility on the western
portion of the property. Mr. Jiricek stated that as of this date, a draft Manure and Wastewater
Management Plan has been received and progress is being made towards bringing the
property into compliance. The property was inspected by Mr. Jiricek and Ms. Frazer on
July 13, 1998. Mr. Jiricek stated he felt the property could be brought into compliance within 60
days. Sonny Schneider, property owner, stated he has been working with a consultant from
Envirostock, and he hopes to have construction on the wastewater collection and storage
facility completed by July 15, 1998. Mr. Schneider presented photographs taken of the
construction. The photographs taken on July 13, 1998, were marked Exhibit "A" and those
taken on July 14, 1998 were marked Exhibit "B". Chair Pro Tem Webster stated he also
inspected the property. In response to Commissioner Kirkmeyer, Mr. Schneider stated the
recommended 60 days is adequate time for completion of the facility, as well as the final
engineering report. Commissioner Kirkmeyer moved to refer VI #9800077 against Sonny
Schneider to the County Attorney for legal action, with the instruction to delay action upon such
referral for 60 days to allow adequate time for the Manure and Wastewater Management
Facility construction to be completed. The motion was seconded by Commissioner Hall, and it
carried unanimously.
981215
��r, /'L) C/1 PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
July 14, 1998
PAGE 2
VI #9800068 - CHAVEZ: Mr. Sprague, Department of Planning Services, presented the case
report for the record and stated the property is in violation of the Weld County Building Code
Ordinance. Due to extensive fire damage, the steel outbuilding located on the property needs
to be immediately vacated and secured against entry. Mr. Sprague indicated the building is in
danger of collapse at any time and recommends proceeding with the abatement procedure. In
response to Commissioner Webster, Mr. Sprague stated several attempts have been made to
contact Guadalupe and Rose Chavez, property owners, in person without result. A certified
letter was mailed to Mr. and Mrs. Chavez and a signature card was returned indicating delivery
of the letter on May 5, 1998. Neither Mr. or Mrs. Chavez or their representative were present.
Bruce Barker, County Attorney, suggested that the case be turned over to his office for
immediate action. Mr. Barker stated they will try to contact Mr. or Mrs. Chavez and
communicate to them that a permit will be needed to make repairs, as well as demolishion of
the structure. Failure to follow these recommendations will result in the County Attorney's office
starting abatement proceedings. Commissioner Hall moved to refer VI # 9800068 against
Guadalupe and Rose Chavez to the County Attorney for immediate legal action. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
VI #9800071 - PEEK: Mr. Sprague, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Sections 50.5.3, 60.5.2 and 71.4.2
of the Weld County Building Code Ordinance. Mr. Sprague stated that the violation concerns a
manufactured home on the property. The violation could be corrected by obtaining the final
inspections, and obtaining a permit for the three large decks which have been constructed. In
response to Commissioner Kirkmeyer, Mr. Sprague stated that Robert, property owner,
McPeek was unwilling to give any kind of time frame for compliance. Neither Mr. McPeek or his
representative were present at the hearing. In response to Commissioner Kirkmeyer, Mr.
Barker stated if this case is referred to the County Attorney's office, an attempt will be made to
contact Mr. McPeek to set up a time for the inspections to be completed. Commissioner
Kirkmeyer moved to refer VI#9800071 against Robert Peek to the County Attorney for legal
action. The motion was seconded by Commissioner Hall, and it carried unanimously.
981215
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
July 14, 1998
PAGE 3
VI #9700201 - DAWSON: Ms. Frazer, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Sections 31.2 and 31.3.9 of the
Weld County Zoning Ordinance. Ms. Frazer stated that upon inspection of the property on
January 29, 1998, no kennel operation was found on the property, however, the non-
commercial junkyard does exist. A July 8, 1998 inspection showed remarkable progress has
been made to bring the property into compliance. Jacob and Betty Dawson, property owners,
were present at the hearing. Mr. Dawson stated he is in the process of putting up a seven foot
fence to screen the materials. Mr. Dawson asked for 30 days in order to complete the work and
bring the property into compliance. In response to Commissioner Hall, Mr. Dawson said he is
aware that if the work is not completed within 30 days, the County Attorney's office will take the
problem to court. Ms. Frazer stated that the Department of Planning Services is recommending
a 60 day extension due to the fact that Mr. Dawson also has farming work that needs to be
completed during this time. Commissioner Kirkmeyer moved to refer VI #9700201 against
Jacob and Betty Dawson to the County Attorney for legal action, with the instruction to delay
action upon such referral for 60 days to allow adequate time for the property to be brought into
compliance. The motion was seconded by Commissioner Hall , and it carried unanimously.
VI #9800066 - BIRD: Ms. Frazer, Department of Planning Services, presented the case report
for the record and stated the property is in violation of Sections 31.2 and 31.3.9 of the Weld
County Zoning Ordinance. Ms. Frazer stated immediately upon receipt of the initial complaint
on April 16, 1998, a 30 day violation notice was issued since Mr. Bird has another similar
violation in the Town of Windsor, which is currently being handled by the County Attorney's
office. Ms. Frazer said she realizes the Windsor violation is a separate issue, however, in an0
attempt to bring the Windsor property into compliance, Mr. Bird moved a portion of the
materials to the county property and, although some attempt has been made to clean up the
property, the violation still exists. Ms. Frazer stated that this is the fifth time in the past eight
years that Mr. Bird has been in violation on the this property. Ms. Frazer also stated, the
property is being brought into compliance very slowly, and Mr. Bird has a habitual violation
history, therefore, she is recommending this case be turned over to the County Attorney's
office. Dan Parkos, Department of Health, verified Ms. Frazer's comments and stated some of
the materials located at the Windsor property were tagged and were later found on the county
property. Neither Mr. or Mrs. Bird or a representative were present at the hearing.
Commissioner Hall moved to refer VI #9800066 against Terry and Dorothy Bird to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer ,
and it carried unanimously.
981215
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
July 14, 1998
PAGE 4
This Certification was approved on the 20th day of July, 1998.
APPROVED:
ATTEST: 41lV1'1Im,a ,/ BOARD OF COUNTY COMMISSIONERS
I/ r , 4,7%,;, .. WELD COUNTY, COLORADO
Weld County Clerk dier„;.74,,,,,,/ v EXCUSED
4 tr QSAV'1 Constance L. Harbert, Chair
miri
Deputy Clerk toltrr, • '�
-II -tul)d 60-v(piaa
is . �� - I W. H. Webster, Pro-Tem
4 1;�I0,
TAPE #98-18 EXCUSED
e E. Baxter
Dale K. Hall
EXCUSED DATE OF APPROVAL (AYE)
Barbara J. Kirkmeyer
981215
PL0824
Hello