HomeMy WebLinkAbout970453.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on March 11, 1997, at 10:00 a.m., with the following present:
George E. Baxter, Chair
Constance L. Harbert, Pro -Tern
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, Kerri Keithley
Planning Department representative, Todd Hodges
Planning Department representative, Monica Mika
Building Inspection representative, Ed Stoner
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 #9600283 - Tanya Bomgardner: Julie Chester, Department of Planning Services, reviewed
the case file for the record indicating the subject property, which is zoned R-1, is in violation of
Sections 32.2.2, 32.2.2.1, 32.2.3, 32.2.3.6 and 32.7.8 of the Weld County Zoning Ordinance. Ms.
Chester explained there are at last inspection approximately 4.6 animal units on the .86 -acre
property, a noncommercial junkyard consisting of miscellaneous used building material, the garage
being used as a second residence, and someone reportedly living in a camper shell on the
property. She further explained by ordinance only two (2) animal units are allowed per lot in R-1
zoning and on her inspection March 10, 1997, she counted two horses, three sheep, three goats,
approximately three dozen fowl, and approximately eight rabbits, all of which according to the Weld
County Zoning Ordinance equivalents accounts for the 4.6 animal units mentioned previously, as
well as four dogs and four cats and a coop of pigeons, which are figured separately. Ms. Chester
showed a video of the subject property taken March 10, 1997, and noted neighbors have indicated
Ms. Bomgardner has cleaned up the
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property a great deal since she moved there. Ed Stoner, Building Inspections, responding to Chair
Baxter, stated the detached garage has been converted into living quarters and although plumbing
has been roughed in, no kitchen or bathroom facilities are located in the garage. He also stated
Ms. Bomgardner applied for a building permit on December 27, 1996, to join the garage to the
house which would create a single residence. Kerni Keithley, Department of Planning Services,
verified for the Board that one single-family dwelling unit is allowed on the lot in R-1 zoning,
however, the camper must be removed if it is being lived in. Tanya Bomgardner, property owner,
was present and responded to the various violations, indicating the property was a virtual junkyard
when she bought and she has hauled off 7'% tons of iron and steel alone; the pallets and other
miscellaneous used building material that remain are neatly stacked and will be used for building
pens and fences and she objects to it being categorized as a junkyard. She referenced her letter
to the Department of Planning Services dated December 11, 1996, and shared with the Board her
reasons for purchasing the property and desire for her daughter to learn from and experience the
country life, including caring for and raising animals for 4-H projects as a healthier, less stressful
alternative to city living. She also stated she was assured by the-realtor who sold her the property
that the zoning allowed two large animals, such as horses or cattle, but there was no limit on small
animals or poultry. Chair Baxter commended Ms. Bomgardner on the hard work done and her
aspirations for herself and her daughter, and clarified this hearing is an attempt to solve a problem
brought to the Board's attention in the most equitable manner for all involved. Ms. Bomgardner
stated she understands what has to be done to bring the garage into compliance, and stated
emphatically that no one is living in the camper shell on her property, explaining "Lloyd" is a man
who lives with relatives a couple of miles away and when she bought the property, he came with
it since he evidently was close to the previous owner and stayed on the property. She went on to
explain he has been a great help to her in cleaning up the property and stays in the camper to
watch over the property when she is away. She stated her animals are well-fed and cared for and
have plenty of room and questioned why other surrounding neighbors are allowed up to 200 sheep
on their parcels, including her aunt who lives just across the street. Responding to the Board, Ms
Keithley verified that Ms. Bomgardner's aunt's nonconforming use has not been established,
however, if she can show evidence of how many head of stock she kept on the property prior to
1972, that number of animal units would be a "grandfathered" nonconforming use and thereby
allowed. The Board then asked staff to clarify which equivalent animal unit each animal on Ms.
Bomgardner's property represents. Ms. Bomgardner stated she feels somewhat persecuted and
cannot see any way to bring the property into compliance without sacrificing much -loved pets.
Commissioner Kirkmeyer stated her understanding and sympathy for Ms. Bomgardner's situation,
and indicated the Board is open to any compromise that would allow her to keep her animals and
at the same time act on the violation. She went on to suggest the Board allow Ms. Bomgardner
to keep, but not add to or replace, the animals she currently has, and reduce the number of animal
units by attrition until she eventually has two animal units on her acre of land. Bruce Barker,
County Attorney, clarified the property is in violation and the Board must make a ruling as such; it
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would have to rule to delay referral of the violation for legal action until such time as the number
of animal units is in line with that allowed by ordinance. Commissioner Harbert suggested Ms.
Bomgardner pursue boarding the horses on her aunt's property, if that use is allowed, and
explained the Board cannot change a decision made years ago to zone the subdivision R-1 instead
of Agricultural. Ms. Chester verified that even if the property were zoned agricultural, the animal
units would be over the four per lot allowed. Ms. Bomgardner responded that she would rather not
involve her aunt and that she is reluctant to part with any more of her animals. Commissioner
Webster reiterated the Board's position and advised Ms. Bomgardner that the solution suggested
by Commissioner Kirkmeyer is both generous and fair. Responding to Ms. Bomgardner's question
of a variance, Mr. Barker explained a variance implies a unique or extenuating circumstance which
would make the property different from the others in the subdivision and thereby allow the
additional animal units and, in his opinion, this case does not meet that criteria. Ms. Bomgardner
continued to question the complaint and implied there is a personal, rather than ordinal, reason for
the complaint and stated she just wants to have her animals and be a good neighbor. At this point,
Commissioner Kirkmeyer clarified that contrary to Ms. Bomgardner's belief, zoning protects the
property owners' rights and this hearing is an example of that protection. She summarily asked
how long it would take Ms. Bomgardner to complete the cleanup and screen the remaining used
building material; stated her acceptance of Ms. Bomgardner's word that no one is living in the
camper shell; and verified the building permit fee will be paid and the garage converted as planned.
Ms. Bomgardner responded that she could salvage and screen what is usable and remove the
remaining material by the end of the summer; and Mr. Stoner verified that the building permit could
be approved and issued within ninety (90) days. No public comment was offered at this time.
Commissioner Kirkmeyer moved to: 1) delay referral of VI #9600283 against Tanya Bomgardner
to the County Attorney for legal action for ninety (90) days to allow the property owner adequate
time to obtain the appropriate building permit, initiate the garage conversion, and adequately
screen or remove the noncommercial junkyard on the subject property; and 2) allow the current
number (5.6) of animal units to remain on the subject property, without adding to or replacing any
units, with no time limitation, until such time as the allowable animal units (two) is accomplished
by attrition. Commissioner Webster seconded the motion. Mr. Barker clarified that this action
would result in an ongoing violation. Discussion followed during which staff discussed inspections
and documentation of the number of animal units, with the Board deferring to staff to set up such
schedules and documentation. Chair Baxter called for a vote on the motion and it carried
unanimously. At Ms. Bomgardner's request, the Board directed staff to provide her with a list of
specific items and material considered part of the noncommercial junkyard and options for
screening and storage, and asked that Ms. Bomgardner cooperate with staff and communicate to
Ms. Chester any concerns regarding this case.
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VI #9600288 - Carl and Leslee Hatton and Greg Hatton: Ms. Chester reviewed the case file for
the record and indicated the noncommercial junkyard on the property consists of a van that is
licensed, but not operable, a semi trailer and bus being used for storage, an unlicensed camper,
and miscellaneous used building material and car parts, which is a violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. She stated the noncommercial junkyard is visible
from adjacent properties and public rights -of -way and appropriate permits would be required to use
the semi trailer and bus for storage. The Board viewed a video of the subject property Ms. Chester
made during her March 10, 1997, inspection. Responding to the Board, Todd Hodges, Department
of Planning Services, verified the Zoning Ordinance only requires vehicles to be licensed and
operable; what the owner stores in it is not addressed. Mr. Stoner stated that the Building Code
Ordinance defines structures permitted for storage uses as mobile homes and trailers, not buses
or vehicles. Ms. Chester stated Mr. Hatton was present during the earlier case heard today, but
did not wait. She also stated Mr. Hatton believes he is in compliance and was upset that she was
on his property for the March 10, 1997, inspection. No public comment was offered.
Commissioner Hall moved to refer VI #9600288 against Carl and Leslee Hatton and Greg Hatton
to the County Attorney for legal action. The motion was seconded by Commissioner Webster and
carried unanimously.
VI #9600293 - Barbara Mendoza and Cynthia Valensela: Ms. Chester reviewed the case file for
the record and stated the noncommercial junkyard on the subjection property consists of used
furniture and building material, used car parts and two vehicles which are operable but unlicensed
and 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 March 10, 1997. Ms. Chester stated the property is kept very neat
and clean, the miscellaneous material is covered with tarps, and the cars are classics which are
operable and also kept covered. She added that Ms. Mendoza collects and stores these items on
the property and conducts yard sales during the summer, and the two vehicles were to be licensed
this week. Barbara Mendoza, property owner, was present and stated the two vehicles have been
licensed and she plans to haul away the stuff that is not sold at her yard sale. She indicated that
ninety days should be adequate time to bring the property into compliance. No public comment
was made. Commissioner Harbert moved to delay referral of VI #9600293 against Barbara
Mendoza and Cynthia Valensela to the County Attorney for legal action for ninety (90) days to allow
the property owners adequate time to sell or remove the noncommercial junkyard from the subject
property. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
VI #9600313 - Douglas and Brenda Cole: Ms. Chester reviewed the case file for the record and
indicated the noncommercial junkyard on the subject property is a violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. She explained this property is zoned Agricultural and
the initial complaint was that someone was living in an RV on the property; however, on her initial
inspection, she also noted the noncommercial junkyard consisting of derelict vehicles, debris, and
miscellaneous junk which was visible from the public right-of-way. The Board viewed a video of
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the property taken March 10, 1997, and Ms. Chester reported that no one is living in the RV at this
time. She further explained that Mr. Cole had indicated he restores and sells cars for extra income,
and usually does "spring cleanup" every year. Douglas Cole, property owner, was present and
stated he is not familiar with Weld County zoning regulations and, as far as he knows, the only
complaints against him were initiated by Planning Services staff. Chair Baxter explained the
Zoning Ordinance violation process, the Board's options for resolving the violations, and the
property owners' responsibilities. Mr. Cole questioned the need for screening, stating that if his
thirty-foot building on the property is not adequate screening, a six-foot fence will not do any good.
He explained he is a single father and is not going to deprive his son of necessities to spend money
on screening. Mr. Cole further explained he makes extra money working on cars during the winter
and usually cleans up the property every spring. He went on to say he feels put upon by this
action; that he bought the property in the country to get away from such restrictions and just wants
to be left alone. In response to Commissioner Harbert on how long it would take him to work out
some type of plan to bring the property into compliance, Mr. Cole responded he does not have the
money to do anything at this time. Commissioner Harbert reminded Mr. Cole that this is a process
of working together to resolve the problem and if he chooses not to cooperate their only recourse
is to refer his case for legal action. Chair Baxter explained the Board's intention is not to make the
situation more difficult than necessary and is very flexible, but Mr. Cole's cooperation is vital. He
again asked Mr. Cole for an estimate on how long he would need to get the property cleaned up.
Mr. Cole stated he can remove most of the vehicles and miscellaneous junk in ninety (90) days and
if he moves the vehicles close to his building, they will be reasonably screened from the right-of-
way and adjacent property owners. Chair Baxter reiterated staff will assist him in working out the
least expensive method of screening, but he must be reasonable and cooperative. No public
comment was offered. Commissioner Harbert moved to delay referral of VI #9600313 against
Douglas and Brenda Cole to the County Attorney for action for ninety (90) days to allow adequate
time for the property owners to remove or screen the noncommercial junkyard from the subject
property. The motion was seconded by Commissioner Webster and carried unanimously.
VI #9600248 - Douglas and Barbara McCary: Ms. Chester reviewed the case file for the record
and stated the initial violation included an unpermitted mobile home and a noncommercial junkyard
located on the subject property, violations of Sections 31.2, 31.2.16, 31.3.9, and 43 of the Weld
County Zoning Ordinance. She indicated that Mr. McCary has been very cooperative and has
removed the mobile home and noncommercial junkyard, and only has to license the two remaining
vehicles. The property owner was neither present nor represented as this hearing. No public
comment was offered. Ms. Chester requested a delay of one week to allow Mr. McCary time to
license said vehicle and for her to reinspect the property. Commissioner Hall moved to delay
referral of VI #9600248 against Douglas and Barbara McCary to the County Attorney for legal
action for one week to allow the property owners sufficient time to license said vehicles and for staff
to reinspect the subject property. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
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This Certification was approved on the 17th day of March, 1997.
APPROVED:
ATTEST: (�� +�`g ' f, J 1/ ` /� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy C er to the Board
TAPE #97-06
RESO #970454 - #970458
Gggrfe E. Baxter, Chair
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Dale K. Hall
Barbara J. Kirkmey
Constance L. Harbert, Pro-Tem
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W. H. Webster
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