HomeMy WebLinkAbout980635.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on April 14, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall - EXCUSED
Commissioner Barbara J. Kirkmeyer- TARDY
Also present:
Acting Clerk to the Board, Carol Harding
County Attorney, Bruce Barker
Planning Department representative, Sharyn Frazer
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 #9700171 - KOHN: (Commissioner Kirkmeyer is now present.) Sharyn 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. To bring the property into
compliance, the noncommercial junkyard must be removed from the property or screened from
adjacent properties and road rights-of-way. Ms. Frazer reviewed the case summary and
indicated she was unable to make an on-site inspection due to the belligerence of the property
owner. At the Board's request, Ms. Frazer played a video of the property which was taken from
the road. In response to Commissioner Harbert, Ms. Frazer explained that, although the original
complaint indicated a kennel is located on the property, there is nothing to indicate its existence,
and she has neither seen nor heard animals from the road.
Arthur Kohn, property owner, refused to state his name and address for the record without the
Commissioners doing the same and complained he has made appointments with staff and
always has to wait an extended length of time to see anyone. He indicated he has not received a
copy of the complaint and Ms. Frazer was behind his shed. Mr Kohn also said all the trucks on
his property do run; however, he only puts tags on them when they are going to be used on the
road. Responding to Commissioner Harbert, Mr. Kohn indicated he tried moving the vehicles to
the back of the property; however, he had one stolen at that time, so he will not leave them in the
back. Responding to repeated requests from Commissioner Kirkmeyer, Mr. Kohn did state his
name and address; however, he refused to respond to the question of what he intends to do to
address the complaint.
Because of the belligerent nature of Mr. Kohn and his refusal to answer questions, Bruce Barker,
County Attorney, recommended the Board refer the matter to his office. Commissioner Webster
moved to refer this matter to the County Attorney's office for immediate action. The motion,
which was seconded by Commissioner Kirkmeyer, carried unanimously.
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HEARING CERTIFICATION - ZONING VIOLATIONS
April 14, 1998
PAGE 2
VI #9700220 - GREEN/BAKER: Sharyn Frazer, Department of Planning Services, presented the
case report for the record and stated a non-permitted commercial operation (recreation facility) is
being operated on the property; therefore it is in violation of Sections 26, 31.2, 31.3, 31.4, and
31.4.3 of the Weld County Zoning Ordinance. To bring the property into compliance, a Flood
Hazard Development Permit must be applied for and approved through the Department of
Planning Services. Ms. Frazer explained the property is being considered for annexation into the
Town of Milliken; however, the Town has requested conformance to County regulations prior to
proceeding with the annexation. Ms. Frazer further explained the Army Corp of Engineers can do
an after construction permit, since the bridge was properly designed.
Tom Honn, Planning Consultant representing the owner, reviewed the history of this property and
indicated the recreational facility is not currently being operated and the owner is petitioning the
Town of Milliken for annexation of the property. He indicated Milliken's engineer consultant told
to him the resources are available for the Town to complete the Flood Hazard Development
Permit. Mr. Honn also indicated the first step of the annexation is scheduled for Wednesday,
April 22, 1998, and he would like to proceed with that. He noted if the Town does not proceed
with the annexation, he would then apply for the permit through the Department of Planning
Services. Responding to Commissioner Kirkmeyer, Mr. Honn indicated it will take approximately
45 days for the data to be compiled before the application can be completed; however, Mr. Baker
is ready to hire an engineer within the next 30 days, beginning after the April 22, 1998, meeting.
He stated an addition 60 or 75 days will be necessary to finalize the application.
After further discussion, Commissioner Kirkmeyer moved to refer VI #9700220 against Franklin
Green and Greg Baker to the County Attorney for legal action, with the instruction to delay action
upon such referral until July 1, 1998, to allow adequate time to apply for a Flood Hazard
Development Permit either through the Town of Milliken or the County of Weld. Commissioner
Kirkmeyer clarified the annexation process should proceed in the meantime. The motion was
seconded by Commissioner Baxter, and it carried unanimously.
This Certification was approved on the 20th day of April, 1998.
.�►.11 f . APPROVED:
ATTEST: 7, ,f/� ,;�����1 BOARD OF COUNTY COMMISSIONERS
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W. H. Webster, Pro-Tem
TAPE #98-08 ,�2c
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EXCUSED
Dal* K. Hall
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Barbara J. Kirkmeyer
980635
PL0824
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