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Home My WebLink About952115.tiffHEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE A public hearing was conducted on October 10, 1995, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman - EXCUSED Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Lin Dodge County Attorney, Bruce Barker Planning Department representative, Susan McMullen 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 Zoning Ordinance. Cases were heard as follows. VI #2202 - Earl Bergland: County Attorney Bruce Barker reported this case closed. VI #2216 - Ira and Mary Daigle: Mr. Barker reported this case closed. VI #2217 - Kenton and Mabel Burough: Susan McMullen, Department of Planning Services, presented the case report for the record and indicated the noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance and the mobile home on the property is not allowed in the low density Residential -1 Zone. She stated the October 9, 1995, inspection of the property showed considerable progress has been made. She indicated the property owners have obtained a building permit and will move the junk material into the shed when it is completed. Ms. McMullen stated staff recommends a delay in referral to the County Attorney until January 30, 1996. Mabel Burough, property owner, was present and stated the cleanup is moving slowly since her husband works long hours. She indicated January, 30, 1996, would be sufficient time to complete the shed and remove the mobile home. No public comment was offered. Commissioner Harbert moved to delay referral of VI #2217 against Kenton and Mabel Burough to the County Attorney for legal action until February 1, 1996. Commissioner Webster seconded the motion, which carried unanimously. VI #2223 - David and Rhonda Wright: Ms. McMullen presented the case report for the record and stated this noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She indicated the property owners are in the process of permitting the mobile home and the material on the property is farm equipment moved from another farm. She stated the property owners are in the middle of harvest and recommended a ninety -day delay in referral to the County Attorney. David Wright, property owner, was present and stated his objection to the term "noncommercial junkyard." He indicated the material in question is farm equipment and fencing material which he will use in his farming operation, not junk. He stated he will need at least until December to complete harvest. In response to Commissioner Kirkmeyer, Mr. Wright stated he has been trying to get the mobile home permitted for several months and felt the delay has been caused by County personnel, not by his unwillingness to comply. Mr. Wright confirmed for Commissioner Baxter that he intends to salvage the material he cannot use and already has hauled a truckload to the salvage yard and put up quite a bit of fencing. Commissioner Harbert explained the Board must respond to complaints regarding alleged zoning violations and does not arbitrarily pick on landowners. Chairman Pro-Tem Kirkmeyer further clarified the mobile home permit 952115 PL0824 RE: HEARING CERTIFICATION - ZONING VIOLATIONS PAGE 2 process and timeframe. No public comment was made. Motion was made by Commissioner Harbert to delay referral of VI #2223 against David and Rhonda Wright to the County Attorney for legal action until March 1, 1996. Motion was seconded by Commissioner Baxter and carried unanimously. VI #2221 - Joe Luis and Eriberta Castro: Ms. McMullen presented the case report for the record. She stated the property was inspected October 9, 1995, and still is in violation. She reported the property owners have removed some vehicles, but a substantial amount of junk and a number of derelict vehicles remain on the property. The property owners were not present or represented. In response to the Board, Mr. Barker clarified the timeframe in processing the referrals. No public comment was offered. Commissioner Harbert moved to refer VI #2219 against Joe Luis and Eriberta Castro to the County Attorney for legal action. The motion was seconded by Commissioner Baxter and carried unanimously. VI #2221 - Selustiano and Marina Salazar: Ms. McMullen presented the case report for the record and showed a video of the property taken October 9, 1995. She indicated the noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance and the unpermitted mobile home is a violation of Section 32.1 of the Weld County Zoning Ordinance. Ms. McMullen stated substantial cleanup has been done, however there still is trash and junk material spread out in the back of the property and the mobile home has not been removed. Agnes Mijales, daughter of the property owner, was present and represented her father. She agreed that the trash and wood around the corral area on the property still needed to be cleaned up and indicated the tenant was told to do so. The Board reminded Mrs. Mijales the property owner is responsible in these violation cases and if the tenant will not clean up the property, the property owners must. Rosie Mercado, a friend of the family and owner of the unpermitted mobile home parked on the property, explained she has been unable to find another place to park the mobile home and a prospective buyer needs until the end of October to raise the money. Commissioner Harbert suggested Ms. Mercado contact the Housing Authority since it sometimes purchases mobile homes for replacement housing. In response to the Board, Mrs. Mijales indicated thirty days would be enough to finish cleaning up the property. No public comment was offered. Commissioner Harbert moved to delay referral of VI #2221 against Selustiano and Marino Salazar to the County Attorney for legal action until December 1, 1995. Commissioner Webster seconded the motion, which carried unanimously. Chairman Pro -Tern Kirkmeyer directed Planning staff to provide the appropriate Housing Authority referral to Ms. Mercado. VI #2219 - Joe Luis and Eriberta Castro: At this time Mr. Barker indicated the Castros' representative was present and wished to address the Board. Commissioner Harbert moved to reopen VI #2219 against Joe Luis and Eriberta Castro. Commissioner Baxter seconded the motion, which carried unanimously. Luis Castro, the property owners' son and representative, requested a delay of at least sixty days to finish removing the derelict vehicles and junk from the property. Ms. McMullen showed a video of the property taken October 9, 1995, and pointed out numerous derelict vehicles, car parts, engines, batteries, and a refrigerator and freezer are clearly visible from the road right-of-way. Keith Schuett, Department of Planning Services, stated at least four derelict vehicles are still on the property. Responding to Mr. Castro, Mr. Schuett indicated the wood could be used for firewood as long as it is cut and stacked. Chairman Pro-Tem Kirkmeyer explained Planning staff can reinspect the property whenever Mr. Castro is ready and advise him of anything else to be done. In view of the amount of material to be removed, Commissioner Harbert indicated a longer period of time might be adviseable. Responding to the Board, Mr. Castro stated he will license one vehicle and remove the others. No public input was offered. Commissioner Harbert moved to amend the referral of VI #2219 against Joe Luis and Eriberta Castro to the County Attorney for legal action and delay said referral until January 1, 1996. The motion was seconded by Commissioner Baxter and carried unanimously. Chairman Pro-Tem requested Planning staff to list in writing what Mr. Castro must do to bring the property into compliance. 952115 PL0824 yw;L t• AT •Wel,fo Co :`Q1 FYI:C eputy (irk to the Board TAPE #95-38 RESO #952116 - 952119 PL0824 RE: HEARING CERTIFICATION - ZONING VIOLATIONS PAGE 3 This Certification was approved on the 16th day of October, 1995. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FXCI ISFn Dale K. Hall, Chairman FXCI ISFn fATF (7F APPROVAI Barbara J. Kirkmeyer, Pro-Tem Georcfe E. Baxter ar,..r Constance L. Harbert /:6)/-/l F/21 /mil / W. H. Webster 952115 PL0824 Hello