HomeMy WebLinkAbout961049.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on June 11, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair- EXCUSED
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster- TARDY
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Julie Chester
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 #96000003 -Terry and Michelle (Mickey) McKibben: Julie Chester, Department of Planning
Services, reviewed the case report for the record, indicating the subject property is in violation of
Sections 31.2, 31.3, 31.3.9, and 31.4 of the Weld County Zoning Ordinance. Said violations
consisted of a noncommercial junkyard which included derelict vehicles and miscellaneous used
building materials, an RV storage, a welding business, and four to five residences. She presented
a video of the property taken June 10, 1996. Ms. Chester stated the RV storage business and a
portion of the noncommercial junkyard have been removed. She indicated the unlicensed vehicle,
boat, and trailer are owned by a tenant who is in the process of transferring the licenses from
Kansas. Ms. Chester also confirmed the garage has been converted into a residence. She
indicated the property owners would only have to remove the kitchen sink and stove to bring the
garage into compliance, and stated Ms. McKibben is working with Todd Hodges, Current Planner,
regarding an accessory dwelling permit which would allow the residence. Mickey McKibben,
subject property owner, was present and requested a ninety-day deferral to allow time to obtain the
accessory dwelling permit since the residence in question is used for farm labor, and for the tenant
to license vehicles. Ms. McKibben verified for Chair Pro-tem Baxter she understands the options
available to bring the property into compliance. Responding to Commissioner Harbert, Ms.
McKibben stated the farm is 78.5 acres of corn and requires the resident labor since she does not
live on the property. No public comment being offered, Commissioner Harbert moved to delay
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referral of VI#96000003 against Terry and Mickey McKibben to the County Attorney for legal action
for ninety days to allow the property owners time to obtain the accessory dwellig permit and for the
tenant to remove or license the vehicles currently stored on the property. Commissioner Hall
seconded the motion, which carried unanimously.
VI #96000029 - Elizabeth Parker/Bob Parker: Ms. Chester reviewed the case report for the
record and presented a video of the property taken June 10, 1996. She stated the noncommercial
junkyard consisting of used building materials, tires, junk auto/machinery parts, three derelict
vehicles, and a nonpermitted mobile home is a violation of Sections 31.2 and 31.3.9 of the Weld
County Zoning Ordinance. Ms. Chester indicated a dangerous, dilapidated barn had been moved
onto the property and never brought up to current building code standards, although a building
permit was issued. She stated the permit expires this month and unless progress is made to bring
it up to code, it will be in violation of the Weld County Building Code. Bob Parker, the subject
property owner's son, was present and stated he lives on the property and most of the material has
been on the property for twenty or thirty years. He explained he moved the barn onto the property
to store tractor and machinery parts, intending to repair and sell farm equipment; however, he has
been medically disabled for two to three years. Mr. Parker stated his concern that the property
does not look nicer, and indicated, considering his health and financial problems, it could take a
year to complete the work on the barn and clean up the rest of the property. Responding to
Commissioner Harbert, Ms. Chester stated she has talked with the tenant who offered to help Mr.
Parker with the cleanup and, because of his willingness to help, recommended the Board grant a
six-month delay in referring this case to the County Attorney. She added that Mr. Parker could then
apply for a temporary storage permit for the mobile home and finalize the current building permit
for the barn and thereby make some progress in bringing the property into compliance. Chair Pro-
tem Baxter ask if Mr. Parker had a plan for cleaning up the rest of the noncommercial junkyard
material, and Mr. Parker indicated the cars and other material belong to his daughter and other
family members who have not responded to his requests to remove the junk. Commissioner Hall,
while expressing his concern for Mr. Parker's situation, stated the Board is obligated to place a
deadline for resolution of this violation and a year was not acceptable. No public comment was
offered. Commissioner Hall moved to delay referral of VI #96000029 against Elizabeth Parker and
Bob Parker to the County Attorney for legal action for six months to allow adequate time for Mr.
Parker to affect the cleanup and repair of the barn. The motion was seconded by Commissioner
Harbert and carried unanimously. The Board stressed to Mr. Parker this deferral is the longest
ever approved and encouraged Mr. Parker to work with his tenant to clean up as much as possible
immediately and actively attempt to bring the barn up to code.
VI # 96000037 -Charles K. Ashbaugh: Ms. Chester reviewed the case for the record indicating
the noncommercial junkyard in the R-5 Zone District is a violation of Sections 32.6.2 and 32.6.3.1
of the Weld County Zoning Ordinance. She stated on her initial inspection she found derelict
vehicles, tires, car parts, and miscellaneous trash on the property. She indicated, even though she
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has had no contact with Mr. Ashbaugh, the derelict vehicles and most of the other materials
considered part of the noncommercial junkyard have been removed or stored. Ms. Chester
presented a video of the subject property taken June 10, 1996. Charles Ashbaugh, subject
property owner, was present and stated a ski-mobile and two-man boat are all that is left and he
will cover them with a tarp until he can remove them. He indicated he will finish cleaning up the
weeds next week. No public comment was offered. Commissioner Harbert conveyed the Board's
appreciation for Mr. Ashbaugh's efforts and moved to delay referral of VI #96000037 against
Charles K. Ashbaugh to the County Attorney for legal action for thirty days to allow Mr. Ashbaugh
time to complete the cleanup of the subject property. The motion was seconded by Commissioner
Hall and carried unanimously.
VI #96000040 - Dean and Betty Bechtold: Ms. Chester presented the case report for the record
and presented a video of the subject property taken June 10, 1996. She stated the noncommercial
junkyard in the R-5 Zone District consists of scrap metal, used building materials and other material
from Mr. Bechtold's work and is a violation of Sections 32.6.2 and 32.6.3.1 of the Weld County
Zoning Ordinance. Ms. Chester indicated there has been some progress since the initial complaint,
however, Mr. Bechtold travels a great deal in his job and the progress has been slow. Dean
Bechtold, subject property owner, was present and stated all the material and equipment that is
being called a noncommercial junkyard has been on his property for twelve or thirteen years and
he has had no problem before. He indicated his plans to retire in December or January and all the
tools, equipment, and materials on the property are tied up in Chapter 13 bankruptcy proceedings.
Mr. Bechtold confirmed his understanding of staff recommendation to build a shed to store the
material in; however, time and finances are a concern at this time. Responding to the Board,
County Attorney Bruce Barker stated that all equipment and material included in Mr. Bechtold's
assets would be effected in Chapter 13 bankruptcy, however, there is no stay on administrative
actions to bring the property into compliance with local zoning ordinances. Mr. Barker concurred
with Ms. Chester's recommendation to store the material until after the first of the year. Ms.
Chester reiterated the R-5 zoning prohibits noncommercial junkyards on the property and the Hill-
N-Park covenants prohibit privacy fencing; therefore, screening is not an option in this case. Chair
Pro-tem Baxter acknowledged Mr. Bechtold's situation, but since the violation has been brought
to the Board's attention, it is obligated to make a decision that satisfies the County's requirements
and creates the least hardship for the property owner. (Let the record show Commissioner
Webster is now present.) In response to Commissioner Harbert, Ms. Chester stated the most cost-
effective way to correct the violation is to build an inexpensive structure in which most of the
materials could be stored. Mr. Bechtold responded that he still would have to find time and money
to build such a shed and questioned the problem if the material is stacked neatly and covered with
a tarp. He also stated to his knowledge the subdivision covenants had expired. Having no further
comment from staff, Commissioner Harbert advised Mr. Bechtold that, judging from staff reports
and recommendations, he would have to either build a storage shed or rent a place to store the
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material to bring the subject property into compliance within the restrictions of the Chapter 13
bankruptcy. Mr. Bechtold reiterated his difficulty in finding time and money to accomplish the work.
No public comment was offered. Commissioner Harbert moved to delay referral of VI #96000040
against Dean and Betty Bechtold to the County Attorney for legal action for 120 days to allow the
property owners sufficient time to build a storage shed or remove the noncommercial junkyard from
the property. The motion was seconded by Commissioner Hall and carried unanimously.
(Let the record show Commissioner Harbert is now absent.)
VI #96000043 - Floyd and Rosemond Geist: Ms. Chester presented the case report for the
record indicating the noncommercial junkyard consisting of used building materials,wooden pallets,
tires, and trash located on the subject property is in violation of Sections 31.2, 31.3, and 31.3.9 of
the Weld County Zoning Ordinance. She stated initially a 5th-wheel trailer located on the property
was being used as a temporary residence without appropriate permits. Ms. Chester indicated the
property owner has been very cooperative and has made considerable progress in cleaning up the
subject property and only one derelict vehicle and a blown-down quonset building remain on the
property. Floyd Geist, subject property owner, was present and stated he will license the vehicle
after replacing the engine and will rebuild the quonset, which collapsed during high winds.
Responding to Commissioner Hall, Mr. Geist stated he did have appropriate permits and it will take
him at least six months to rebuild the quonset; however, he can salvage the sheet metal and
remove the rest of the junk material in sixty to ninety days. Ms. Chester clarified that the vehicle
and quonset material could be screened in the interim. No public comment was offered.
Commissioner Hall moved to delay referral of VI #96000043 against Floyd and Rosemond Geist
to the County Attorney for legal action for sixty days to allow the property owners time to complete
cleanup of the property. No second was given. Commissioner Webster suggested a ninety-day
deferral would be a more realistic in this case. Commissioner Hall then so amended his motion.
Commissioner Webster seconded the amended motion, which carried unanimously.
VI #96000051 - Juan and Cecilia Mejia: Ms. Chester presented the case report for the record
indicating a noncommercial junkyard located on the subject property and consisting of two derelict
vehicles, tires, car parts, used building materials, broken furniture and miscellaneous trash is in
violation of Sections 32.6.2 and 32.6.3.1 of the Weld County Zoning Ordinance. She stated the
family has worked hard since the initial complaint in April 1996, and only the two derelict vehicles
and two piles of used building materials remain. Arthur Zamora, representing the subject property
owners, stated he will either repair or remove the vehicles within a month. No public comment was
made. Motion was made by Commissioner Hall to delay referral of VI#96000051 against Juan and
Cecilia Mejia to the County Attorney for legal action for thirty days to allow time for the property
owner to finish the cleanup. Commissioner Webster seconded the motion, which carried
unanimously.
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VI#96000052-Fernando and Felis Ibarra/George Jones: Ms. Chester reviewed the case report
and stated the noncommercial junkyard on the subject property is in violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. She reported Fernando and Felis Ibarra have been
evicted; however, subject property owner, Mr. Jones, has since been cooperating with Planning
staff. Ms. Chester showed a video of the subject property taken June 10, 1996, and pointed out
although considerable progress has been made on the property, a number of items and a large pile
of used building materials, tree.limbs and miscellaneous trash still need to be removed. George
Jones, subject property owner, was present and stated he had entered into a land contract with the
Ibarras and after their default repossessed the property. He indicated his intent to finish the
cleanup and sell the property. Responding to the Board, Mr. Jones stated he is scheduled for
surgery at the end of June, therefore will have the property in compliance before that time. No
public comment was offered. Commissioner Webster moved to delay referral of VI #96000052
against Fernando and Felis Ibarra/George Jones to the County Attorney for legal action for thirty
days to allow Mr. Jones time to complete the cleanup. The motion was seconded by Commissioner
Hall and carried unanimously.
VI#96000049-Lorenzo P. Camacho, Jr./Ramon and Lucio Benavidez: Ms. Chester presented
the case report for the record indicating the noncommercial junkyard on the subject property
consisting of several derelict vehicles and a large pile of used building materials is a violation of
Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She stated initially the property
owners' son was living in a shed on the property which is a violation of Section 20.13 of the Weld
County Building Code Ordinance; however, on her April 17, 1996 inspection he was no longer
sleeping in the shed. Ms. Chester found the property still in violation on her inspection June 10,
1996, although some progress has been made. The property owners were not present or
represented. Ms. Chester stated there is enough used fencing material on the property to build
adequate screening and will pursue that course with the property owners. She then recommended
the Board delay referral of this case for legal action for sixty days, indicating the subject property
owners concurred with that recommendation. No public comment was made. Commissioner Hall
moved to delay referral of VI #96000049 against Lorenzo P. Camacho, Jr./Ramona and Lucio
Benavidez to the County Attorney for legal action for sixty days to allow the property owners time
to remove or adequately screen the noncommercial junkyard located on the property. The motion
was seconded by Commissioner Webster and carried unanimously.
VI #96000060 -Amendola/Rick Scott: Ms. Chester reported this case closed.
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This Certification was approved on the 17th day of June, 1996.
APPROVED:
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