HomeMy WebLinkAbout971980.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on September 9, 1997, at 10:00 a.m., with the following present:
George E. Baxter, Chair
Constance L. Harbert, Pro-Tem
Dale K. Hall
Barbara J. Kirkmeyer
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
Planning Department representative, David Sprague
Health Department representative, Jeff Stoll
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 #9700109 and VI #9700117 - Vera Glendening: Julie Chester, Department of Planning
Services, reviewed the case file for the record. She stated the first problem on this property, VI
#9700109, is a noncommercial junkyard consisting of derelict vehicles, used building materials and
other miscellaneous junk which is in violation of Sections 31.2 and 31.3.9 of the Weld County
Zoning Ordinance. The second problem, VI #9700117, is the residence was determined to be
dangerous and substandard in accordance with Section 302 of the Uniform Code for the Abatement
of Dangerous Buildings and Section 20.13 of the Weld County Building Code Ordinance. This
determination was made upon inspections completed May 16, 1997, and July 7, 1997. Ms.
Chester explained that Planning was also notified of a failing septic system by the Health
Department. She reported she and Ed Stoner and Dave Sprague, lead Building Inspectors, met
with Mrs. Glendening, property owner, July 7, 1997, on the property and attempted to explain what
had to be done to bring the property into compliance. Ms. Chester stated Mrs. Glendening intends
to convert the rental residence to a storage building and has applied for, but has not paid for, the
appropriate permit, which would address the dangerous building violation. She also explained Mrs.
Glendening has erected a small portion of fence as screening for the noncommercial junkyard.
Vera Glendening, subject property owner, was present, and, because of a hearing problem, was
allowed to respond directly to staff throughout their narrative, and she also submitted a list of
concerns, marked Exhibit A for the record. Ms. Chester showed a video taken of the subject
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property from the public right-of-way since Mrs. Glendening would not allow staff onto the property.
Mrs. Glendening pointed out the bus shown in the video has been removed and the other vehicles
would be moved shortly. She also stated her helper, who she refers to as "the Good Samaritan,"
is helping her as much as he can and that she, too, is anxious to get the property cleaned up. Mrs.
Glendening made further statements regarding her situation, concerns about what she considers
the hazardous condition of Weld County Roads 12 and 29, and her belief that the County is not
being fair to her. Chair Baxter attempted to verify that Mrs. Glendening understood what had to
be done to bring her property into compliance regarding both violations. Mrs. Glendening
responded by stating Building Inspection staff had trespassed and tore up some plumbing in the
kitchen. Dave Sprague, Lead Building Inspector, reviewed findings during the inspection
completed July 7, 1997. He stated the walk-through revealed hazardous electrical wiring, with
wires hanging out of the box; water in the crawl space; severe structural damage with dry rot in the
floor joists; kitchen plumbing not up to code; and foundation walls that have deteriorated and some
made of untreated wood. Mrs. Glendening responded that her place was as good as any other in
the area and, referring to Exhibit A, challenged the Board to check the conditions of those
properties listed. She again commented on her belief that County staff had trespassed and
purposely damaged the building. Responding to Commissioner Harbert, Mrs. Glendening stated
it would take as long as the Board could give her to finish the cleanup and added that her helper
is arranging the old machinery in preparation for an auction. Discussion followed regarding what
Mrs. Glendening has to and is willing to do to bring the property into compliance. Ms. Chester
reiterated the noncommercial junkyard must be either moved or screened and Mrs. Glendening
must pay the fees for the appropriate permit to convert the residence to a storage use. Mrs.
Glendening verified she is going to use the house for storage and will pay the required fees, but
stated she resents having to pay for using her own building as she wishes. Responding to Chair
Baxter, Mr. Barker verified the storage use permit would address the abatement action, and Mr.
Sprague verified the utilities to the house must be permanently disconnected. Mrs. Glendening
strongly objected numerous times to the electricity being disconnected, stating she has to keep the
yard light on to prevent the property from being vandalized. More discussion followed during which
staff attempted to explain the danger from the hazardous electrical wiring and fixtures. The Board
indicated staff would work with her regarding maintaining water on the property and allowing a yard
light. Mrs. Glendening continued to voice her objections and concerns. No other public comment
was offered. At this time, Commissioner Harbert moved to refer VI #9700109 against Vera
Glendening to the County Attorney and delay legal action for 90 days to allow adequate time for
Mrs. Glendening to remove or screen the noncommercial junkyard and bring the property into
compliance. The motion was seconded by Commissioner Webster and carried unanimously.
Mr. Barker indicated the Board should also rule on VI #9700117 at this time and reiterated the
abatement action would cease when the appropriate permit fees are paid. Commissioner Harbert
moved to refer VI #9700117 against Vera Glendening to the County Attorney and delay any legal
action until November 1, 1997, to allow the property owner adequate time to pay appropriate permit
fees. Commissioner Webster seconded the motion, which carried unanimously.
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VI #9700001 - Duffie E. Johnson: Ms. Chester stated this case was continued from the
August 12, 1997, Violation Hearings and reviewed the case history for the record. She stated that,
although some progress has been made, there is still a noncommercial junkyard on the property
consisting of miscellaneous household items and debris from the blown -down quonset building, as
well as a jeep with expired license plates. Ms. Chester restated staff concerns regarding the
Accessory to Farm Use Permit for the mobile home on the property when no farm activity is
occurring. She further stated there are only 16 cows, 10 pigs, and approximately 30 poultry on the
property when 40 animal units are allowed on the ten -acre tract. The Board declined to review the
video of the property taken last month. Duffie Johnson, property owner, was present and stated
he bought the property in January 1997. He further explained the former owners were in
foreclosure and for some reason attempted to dismantle the building set up as a greenhouse. He
continued that his goal when he bought the property was to first clean up the land and he cleared
off approximately ten tons of metal, and he anticipates maintaining 38 head of cattle, 15 pigs, 60
poultry, and 3 to 4 goats on the property. Mr. Johnson stated he eventually wants to rebuild the
greenhouse and start a produce -based business. He explained he works 50 to 70 hours a week
at his own business, is a devoted family man, and also takes care of his aging parents and,
therefore, feels the Accessory to Farm Permit for the mobile is justified since he needs a worker
to complete the cleanup, help with the animals, and, eventually, work in the greenhouse.
Responding to Commissioner Kirkmeyer, Mr. Johnson stated the hired man who lives in the mobile
home works for him full-time and the property is ten acres and includes the main residence and the
mobile home. Responding to Commissioner Harbert, Mr. Johnson verified he pays the hired man
room and board and $100 -a -week. Ms. Chester clarified for Commissioner Harbert the building
with no roof (the greenhouse) is not in violation and the building with no walls can be used to store
the noncommercial junkyard material. Chair Baxter verified that Mr. Johnson knew and
understands what needs to be done to bring the property into compliance. Commissioner Webster
stated his understanding from a worksession on this violation was that the hired man could live in
the mobile home while cleaning up the property, then the mobile home was supposed to be
removed. Responding to Commissioner Webster, Monica Mika, Director of Planning Services
stated two issues were to be considered today. The first is the noncommercial junkyard in violation
of the Weld County Zoning Ordinance; the second concerns the Accessory to Farm Permit for the
mobile home. She continued that at the January 27, 1997 worksession regarding this case, it was
decided to allow Mr. Johnson six months to clean up the property to correct the Zoning violation
and then readdress the Accessory to Farm use based on the animal units and farm activity on site
at that time. She clarified that the proposed or long-term plan for the property was not a factor in
dealing with the current violations, and stated staff has discussed with Mr. Johnson the Recorded
Exemption (RE) alternative to retain the additional structure. Ms. Mika further explained that if Mr.
Johnson's true intent is to have a producing greenhouse on site, the RE would provide the option
for permanent housing. Ms. Mika reassured Mr. Johnson that zoning on the property would not
be affected by having a RE approved; however, she acknowledged there is no guarantee the RE
would be approved. The Board and staff briefly reviewed the Recorded Exemption process.
Commissioner Harbert observed it would appear more progress would have been made with a full-
time hired man working on the cleanup for nine months and a delay of legal action of 60 days
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should be more than sufficient to bring the property into compliance. Mr. Johnson agreed with
Commissioner Harbert and indicated he would license the jeep. He added that he should have his
fences up and the allowable number of animal units on the property within 30 days. A brief
discussion followed regarding the necessity of licensing farm vehicles/implements and the Board
agreed the vehicle should be licensed if it at any time would be used on a public road. There being
no public comment offered, Commissioner Kirkmeyer moved to refer VI #9700001 against Duffie
E. Johnson to the County Attorney and delay any legal action for 60 days. Commissioner Webster
seconded the motion, which carried unanimously. Commissioner Kirkmeyer also stated Mr.
Johnson has not substantiated the Accessory to Farm use for the mobile home since the worker
was hired to clean up the property and Commissioner Harbert agreed. Ms. Mika stated Accessory
to Farm permit presents no violation at this time, however, staff is willing to grant an additional two
weeks for Mr. Johnson to decide on the mobile home use and initiate appropriate actions.
VI #9600315 - Arthur and Juanita Larson/Harold and Linda Endstrom, Tenants: Ms. Chester
reviewed the case history for the record and explained the original house and barn burned down
and the noncommercial junkyard mostly consists of appliances, household debris, and
miscellaneous material saved from that fire. She stated there were at least five adult dogs on the
property at the September 8, 1997, inspection and the Endstroms were living in a RV parked on
the property while they are building a new house, which is a basement house. Ms. Chester added
that no inspections have been done on the basement house since October 1996, and indicated an
extension of said permit would be required. The tenants have placed a port -o -potty on the property
which, according to Jeff Stoll, is preferred to open dumping and will be evaluated. She reported
the Endstroms have made incredible progress since the initial complaint and have worked very
hard in the face of their tragedy. The Board declined to view a video of the property Ms. Chester
took September 8, 1997. Linda Endstrom, tenant, was present and verified that she and her
husband understand the violation and what they need to do to bring the property into compliance.
She explained their children help on the weekends and, since their pickup broke down, a neighbor
has offered the use of a farm truck after harvest is completed. Responding to Commissioner
Kirkmeyer, Mrs. Endstrom stated, as of today, they have only four dogs on the property and agreed
to file for an extension on the building permit. No public comment was made. Commissioner
Kirkmeyer moved to refer VI #9600315 against Arthur and Juanita Larson and Harold and Linda
Endstrom to the County Attorney and delay any legal action for 90 days to allow the tenants to
finish cleaning up the property and file for an extension of their building permit. The motion, which
was seconded by Commissioner Hall, carried unanimously.
VI #9700073 - Jess Hankins: Ms. Chester reviewed the case file for the record, stating this
property is one of the several in unincorporated Evans on which they have received complaints.
She reported that only a few items of the noncommercial junkyard remained on the subject property
when she inspected the property September 8, 1997. Ms. Chester added that she spoke with Jess
Hankins, property owner, Monday afternoon and he indicated he would have those few items
removed within a week or two; therefore, she recommends delaying legal action for two weeks.
The property owner was neither present nor represented at this hearing. No public comment was
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offered. Commissioner Kirkmeyer moved to refer VI #9700073 against Jess Hankins to the County
Attorney and delay any legal actions for 14 days. The motion was seconded by Commissioner
Harber and carried unanimously.
This Certification was approved on the 15th day of September, 1997.
APPROVED:
ATTEST:
Weld County Cle
BY.
De.uty Clerk t
TAPE #97-23
RESO #971981 - #971985
BOARD OF COUNTY COMMISSIONERS
WEL�UNTY, CO
e E. Baxter, Chair
iL51,7.-C-Z4v p> -e• a V2 �ZG
Constance L. Harbert, Pro-Tem
Dale K. all
lC' 4 eLd /i-Pt- >�
/Barbara J. Kirkmeyer
W. H. Webster
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