HomeMy WebLinkAbout950203.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on February 14, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner Constance L. Harbert - EXCUSED
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Barry Kramer
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.
BCV #2138 - Walter and William Pixley and Margaret Hensinger: Barry Kramer, Department
of Planning Services, presented the case report for the record, indicating final inspections were still
not completed for water, electrical and skirting, and no building permit was issued for the deck. This
failure to complete inspections and have permits finaled is a violation of Sections 20.10.3 and
70.4.2 of the Weld County Building Code Ordinance and all inspections must be completed,
approved and the permits finaled to correct the violation. Walter Pixley, property owner, was
present and stated most of the work should be finished by Friday, February 17, and he would
acquire the necessary building permit for the deck. In response to Chairman Hall, Mr. Pixley
indicated thirty days would be sufficient time to complete the necessary work and arrange for final
inspections. Commissioner Webster moved to delay referral to the County Attorney for legal action
of BCV #2138 against Walter and William Pixley and Margaret Hensinger for thirty days to allow
the property owner to complete the necessary work and arrange for final inspection by Building
Inspections staff. Commissioner Baxter seconded the motion, which was carried unanimously.
VI #2140 - Timothy Ortega: Mr. Kramer presented the case report for the record and stated Mr.
Ortega is operating an appliance repair and delivery business from his home, which is in the R-5
Zone and is a violation of Section 32.6.2 of the Weld County Zoning Ordinance. He indicated Mr.
Ortega must discontinue the operation of the business from his residence to correct the violation.
Mr. Kramer referred to a letter received February 13, from Mr. Ortega which states the business
will be moved to a new location no later than February 20, 1995. Mr. Kramer clarified for
Commissioner Baxter that since this area is zoned R-5, a home office can be located at this
location, but not a home business or home occupation. Commissioner Baxter moved to delay
referral of VI #2140 against Timothy Ortega to the County Attorney for legal action until March 1,
1995, to allow Mr. Ortega time to relocate his business. The motion was seconded by
Commissioner Webster and carried unanimously.
VI #2153 - Ernest Peterson: Mr. Kramer presented this case report for the record. He indicated
Mr. Peterson place fill material within a flood hazard overlay district without a Flood Hazard
Development Permit, which is a violation of Section 53.6.1.4 of the Weld County Zoning Ordinance.
Mr. Peterson must apply for and have approved a Flood Hazard Development Permit or remove
the material from the area to bring the property into compliance. Mr. Kramer advised the Board
that Mr. Peterson submitted a permit application to the Department of Planning Services on
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February 9, 1995, and requested this case be continued to the March 14, 1995 Violation Hearings.
Commissioner Webster moved to continue VI #2153 against Ernest Peterson to March 14, 1995,
to allow for review and approval of said permit application. Commissioner Baxter seconded the
motion, which was carried unanimously.
This Certification was approved on the 22nd day of February, 1995.
APPROVED:
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Weld County Clerk to the Board
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Deputy Clerk to the Board
TAPE #95-06
RESO #950204 - 950206
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BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COIfORADO
Dale K. Hall, Chair an
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Barbary J. Kirkmeyer-Tem
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George George Baxter
950203
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