HomeMy WebLinkAbout960172.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on February 13, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair- EXCUSED
Commissioner George E. Baxter, Pro-Tern
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Julie Chester
Planning Department representative, Monica Mika-Daniels
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 #2244 - Douglas and Raymond Cardenas: Julie Chester, Department of Planning Services,
presented the case report for the record, including a video of the property taken February 12, 1996.
She indicated the property is still in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. Ms. Chester stated the owner has done extensive cleanup and however, two vehicles
are not screened and the west side of the screened area is still visible. Douglas Cardenas,
property owner, was present and stated the pile of used building material will be used to build the
screening and the remaining vehicles will be moved this week. Mr. Cardenas indicated he plans
to remove the rest of the scrap lumber and metal within two weeks. Responding to Commissioner
Harbert, Mr. Cardenas stated he stores vintage cars and parts in the screened area and that thirty
days would be adequate time to finish the cleanup. Ms. Chester urged Mr. Cardenas to keep the
screening gate closed to avoid further problems. No public testimony was offered. Commissioner
Harbert moved to delay referral of VI#2244 against Douglas and Raymond Cardenas to the County
Attorney for thirty days to allow time for the property owners to bring the property into compliance.
Commissioner Webster seconded the motion, which carried unanimously.
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VI #2246 - Marvin Dhooge: Ms. Chester reviewed the case report for the record and stated the
unscreened, noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County
Zoning Ordinance. Ms. Chester showed a video of the property taken February 12, 1996, and
stated the property has been cleaned up considerably, however, six vehicles and a travel trailer are
still on the property although not visible from Highway 34. Ann Dhooge, daughter-in-law of the
property owner, was present and stated the vehicles are owned by various family members. Chair
Pro-Tem Baxter verified that Mrs. Dhooge understood what was required to bring this property into
compliance and that Mrs. Dhooges mother-in-law was the property owner. Ms. Chester clarified
for Mrs. Dhooge that the vehicles must be removed or screened and the other trash and junk
cleaned up to correct the violations. Mrs. Dhooge indicated she understood, but since she did not
own most of the vehicles, was not sure how long it would take to remove them. Commissioner
Harbert advised Mrs. Dhooge to remind the relatives and her mother-in-law of the consequences
of not correcting these violations and discussed a realistic timeframe for completing the cleanup.
Bruce Barker, County Attorney, clarified for the Board that the property owner and occupier are
held responsible. No public comment was made. Commissioner Harbert moved to delay referral
of VI #2246 against Marvin Dhooge to the County Attorney until April 1, 1996, to allow time for the
Dhooges to remove the derelict vehicles and complete the property cleanup. Seconded by
Commissioner Hall, the motion carried unanimously.
VI #2252 - Hipolito and Josie Flores: Ms. Chester reviewed the case report for the record and
stated the property is still in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. The Board viewed a video of the property taken February 12, 1996, and Ms. Chester
stated the property owners have made considerable effort and only two derelict vehicles remain
on the property, as well as one stored, licensed vehicle. Josie Flores, property owner, was present
and stated the derelict truck was moved today and they need to put some tires on the other vehicle
so it can be towed to the salvage yard. She indicated family members will be removing that vehicle
and requested until the end of April to complete the cleanup. No public comment was offered.
Commissioner Hall moved to delay referral of VI #2252 against Hipolito and Josie Flores to the
County Attorney until April 1, 1996, to allow time for the property owners to remove the remaining
derelict vehicle and complete the cleanup. Commissioner Webster seconded the motion, which
carried unanimously.
VI #2256 and #2259 - Benjamin and Nora Luian: Ms. Chester reviewed the case report for the
record and indicated the unscreened, noncommercial junkyard on the property involved in these
two violation cases is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance.
She stated, although much work has been accomplished, a number of derelict vehicles, used
building materials, and miscellaneous junk remain. She reported Mr. Lujan has screened the west
and north sides of the property and has submitted a screening plan to complete the screening on
the east side. She indicated Mr. Lujan already has considerable fencing material for screening.
Ms. Chester stated that Mr. Lujan agreed to allow her to video tape his property only if she also
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taped the salvage yard, A-Z Salvage, across the road from his property which is only partially
screened and very unsightly. Benjamin Lujan, property owner, was present and reviewed the video
of his property with the Board. He stated because of his health problems and the weather, it will
take at least two months to get the fence started and move the junk and vehicles. Mr. Lujan
indicated he has been doing the cleanup as his health allows, and cannot afford to rent appropriate
tools and machinery, therefore, must do the work by hand. Responding to the Board, Mr. Lujan
stated his only help is from relatives on the weekends. No public comment was offered.
Commissioner Harbert moved to delay referral of VI #2256 and VI #2259 against Benjamin and
Nora Lujan to the County Attorney for legal action until June 1, 1996, to allow the property owners
time to complete the screening and cleanup. The motion was seconded by Commissioner Webster
and carried unanimously.
VI #2257 -James Wedemeyer and Donna Conaway: Ms. Chester reviewed the case report for
the record and reported the property is in violation of Sections 31.2 and 31.3.9 of the Weld County
Zoning Ordinance. She showed a video of the property taken February 12, 1996, and pointed out
the fence is in place as screening on a portion of the east side of property, with fence posts set for
the remaining portion. Ms. Chester stated the property owners have not submitted a formal
screening plan and some vehicles are still visible from the property to the north. Donna Conaway
and James Wedemeyer, property owners, were present and stated they were not properly advised
initially of what was required to correct the violation. Responding to Commissioner Harbert, they
indicated they were not told to submit a screening plan per se, and referenced a letter they wrote
December 30, 1995, to the Department of Planning Services which explained their plans to erect
a six-foot fence as screening and remove other junk materials and scrap wood. Chair Pro-Tem
Baxter explained the purpose of this hearing is to clarify the violations, how to remedy them, and
answer any questions the property owners may have. Ms. Conaway and Mr. Wedemeyer again
voiced concern that they were advised differently each time an inspection was completed and had
tried to comply. Ms. Chester explained how the property owners could move the vehicles to
another area on the lot where they would be adequately screened while the fence is being
completed. Commissioner Harbert urged Ms. Conaway and Mr. Wedemeyer to work with Ms.
Chester on the formal screening plan and other workable solutions to correct the violation, and
complimented them on the attractive fence and work done on the property. No public comment
was offered. Commissioner Harbert made a motion to require a screening plan be submitted to
the Department of Planning Services within ten days and to delay referral of VI #2257 against
James Wedemeyer and Donna Conaway to the County Attorney for legal action until April 15,
1996, to allow the property owners time to correct the violation. Commissioner Webster seconded
the motion, which carried unanimously.
VI #2255 -Carmen Math: Ms. Chester presented the case report for the record and noted the
noncommercial junkyard consisting of derelict vehicles is a violation of Sections 31.2 and 31.3.9
of the Weld County Zoning Ordinance. She reported some vehicles have been removed and
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screening is in place on the east side of the property. Ms. Chester stated the property owner
agreed to submit a screening plan and screen those vehicles he plans to keep. Billy Mata, son of
the property owner, lives on the property and was present at this hearing. He reviewed a video of
the property taken February 12, 1996, with the Board and pointed out the three vehicles due to be
towed off the property and those he will keep. He also noted that A-Z Salvage, which his property
abuts, has piled junked cars higher than the six-foot fence he has in place for screening on the east
property line. In response to Commissioner Webster, Mr. Mata stated he had approximately one-
half acre of property line to fence, but to correct the violation would require about fifty feet of fence.
Responding to the Board, Mr. Mata indicated financial problems have kept him from completing the
fence and requested until at least June 1, 1996, to finish the screening and cleanup. In response
to the Board, Ms. Chester indicted staff is reviewing the nonconforming use permit for A-Z Salvage
in light of other complaints. No public comment was offered. Commissioner Hall moved to delay
referral of VI#2255 against Carmen Mata to the County Attorney for legal action until June 1, 1996,
to allow Mr. Mata sufficient time to bring the property into compliance. The motion was seconded
by Commissioner Harbert and carried unanimously.
VI #2254 - Pine Hill Enterprises: Ms. Chester reported this case closed.
VI #2245 -Walter and Shirley Hackett: Ms. Chester reviewed the case report for the record.
She stated the noncommercial junkyard consisting of two derelict vehicles is a violation of Sections
31.2 and 31.3.9 of the Weld County Zoning Ordinance. She indicated her inspection of the
property on February 12, 1996, showed considerable cleanup has been done, however, two
derelict vehicles remained on the property. The property owners were not present or represented
today. Ms. Chester stated the property owners have not responded to staff notices. No public
comment was offered. Commissioner Hall moved to refer VI #2245 against Walter and Shirley
Hacket to the County Attorney for legal action. Commissioner Harbert seconded the motion, which
carried unanimously.
VI #2253 -Alfonso Palko: Ms. Chester reviewed the case report for the record. She stated the
noncommercial junkyard consisting of two derelict vehicles is a violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. Ms. Chester reported one derelict vehicle is still on
the property, and also noted other miscellaneous junk has been moved onto the property which
was not cited in the original violation. The property owner was neither present nor represented at
this hearing. Ms. Chester stated no one was home on February 12, 1996, and the property owner
has not responded to staff correspondence. In response to the Board, Mr. Barker stated if the
Board referred the case to his office, he would cite the new junk in his notice to the property owner.
No public comment was made. Commissioner Hall moved to refer VI #2253 against Alfonso Palko
to the County Attorney for legal action. The motion was seconded by Commissioner Webster and
carried unanimously.
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This Certification was approved on the 21st day of February, 1996.
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APPROVED:
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