HomeMy WebLinkAbout982001.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on October 13, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer - EXCUSED
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Jean Gillingham
Planning Department representative, Sharyn Frazer
Planning Department representative, David Sprague
Planning Department representative, Scott Ballstadt
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 #9800102 - JEREMIAH WICKHAM AND MARY ROBERTS: Sharyn Frazer, Department of
Planning Services, presented the case report for the record and stated the property is in violation
of several sections of the Weld County Zoning Ordinance, as well as the Uniform Fire Code.
Responding to Chair Harbert, Ms. Frazer confirmed the property is on Highway 85 and is zoned
Agricultural.
Jeremiah Wickham and Mary Roberts, property owners, were present at the hearing. In response
to Chair Harbert, Mr. Wickham stated due to lack of funds and physical help he has not been able
to meet the deadlines imposed by the Department of Planning Services. In addition, Mr. Wickham
explained to Chair Harbert, he operates a recycling business and the materials being kept on the
property are to be recycled and/or used for storage. In response to Commissioner Baxter, Mr.
Wickham stated he was not aware he needed a Use By Special Review Permit (USR) when he
purchased the property. Responding to Chair Harbert, Mr. Wickham said according to the title to the
property, he is granted access across the back of Tri-State Insulation; however, he is working with
the Colorado Department of Transportation on the possibility of a common access off Highway 85
with the current access to Tri-State Insulation. In response to Commissioner Baxter, Mr. Wickham
confirmed he has started the process of obtaining a USR, and even though the Department of
Planning Services instructed him not to, has moved additional materials onto the property out of
necessity. In addition, Mr. Wickham stated he understands the property is not in compliance and
would need approximately 60 days to have financing available to submit a completed USR
application. In response to Commissioner Hall, Mr. Wickham stated he understands a USR, may
not be approved, and a permit for the mobile home is a separate, additional application. In response
to Chair Harbert, Mr. Wickham stated he will haul materials he can not recycle to the landfill. Bruce
982001
GIG. �DL PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 13, 1998
PAGE 2
Barker, County Attorney, suggested ending the testimony at this point until the application has been
completed. Chair Harbert stated whatever time frame is granted to the property owners, the
application should include updated access information. Mr. Wickham made several suggestions on
how to word the application, and was advised by Chair Harbert that he would have to work with the
Department of Planning Services. Commissioner Hall expressed concerns about the business
functioning without any of the proper permits in place, and stated Mr. Wickham should cease
actions immediately. Ms. Frazer stated the property has access off Weld County Road 2, however,
there is a river that runs through the access and no bridge is in place. Additionally, Ms. Frazer stated
the Tri-State access is the only access into the property; however, due to safety issues, Tri-State
no longer wishes to grant access. Commissioner Hall stated he was very concerned about granting
60 days for the property to be brought into compliance, due to the fact that Mr. Wickham has already
missed two deadlines. Mr. Wickham stated he is aware if he does not have the property brought into
compliance within the 60 days the County Attorney will take the matter to court.
Commissioner Hall moved to refer VI #9800102 against Jeremiah Wickham and Mary Roberts to the
County Attorney for legal action, with the instruction to delay action upon such referral until
December 14, 1998, to allow adequate time for the property to be brought into compliance and for
an inspection of the property by the Department of Planning Services staff. The motion was
seconded by Commissioner Baxter. Responding to Commissioner Baxter, Ms. Frazer stated the
Mobile Home Permit would be a separate issue and will not be included in the USR. The motion
carried unanimously.
VI #9800080 - CLARA NOTARY: David Sprague, Department of Planning Services, presented the
case report for the record and stated the property is in violation of Sections 20.10.3, 20.10.9, 60.5.2,
50.5.3, and 70.4.2 of the Weld County Building Code Ordinance. Mr. Sprague stated a Mobile
Home Permit was issued on July 8, 1997; however, final inspections have not been completed. In
addition, several decks are now in place without building permits being issued. Mr. Sprague further
stated a wood burning stove has been placed on one of the decks in violation of the Fire Code. In
response to Commissioners Baxter and Hall, Mr. Sprague stated he has not received any response
from the property owners. In response to Chair Harbert, Mr. Sprague stated the septic system has
been approved, but not finalized.
Clara Notary, property owner, was not present or represented at the hearing.
Commissioner Baxter moved to refer VI #9800080 against Clara Notary to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Hall, and it carried
unanimously.
VI #9800092 -JESUS BERNARDO AND MARY LI MENDOZA: Mr. Sprague presented the case
report for the record and stated the property is in violation of Sections 30.5.1.1 and 92.3.6 of the
Weld County Zoning Ordinance. Mr. Sprague stated a Building Permit was issued in December
1997, to repair fire damage to the residence. Upon an inspection made by Mr. Sprague in May 1998,
repairs appeared to be completed and the electrical power had been reconnected without any
inspections. Commissioner Baxter stated he was under the impression the electric company would
never reconnect the power without having proof of inspection, to which Mr. Sprague responded the
982001
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 13, 1998
PAGE 3
electric company may not have reconnected the power. Mr. Sprague stated the confusion about
"who" connected the power still exists, but the power remains turned on. In response to
Commissioner Baxter, Mr. Sprague stated this occurred in May, 1998. Responding to Chair Harbert,
Mr. Sprague said despite many attempts, there has been no response from the property owners.
Chair Harbert questioned whether a language barrier exists, to which Mr. Sprague responded that
the daughter in the family speaks English fluently.
Commissioner Hall moved to refer VI #9800092 against Jesus Bernardo and Mary Li Mendoza to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Baxter, and
it carried unanimously.
VI #9800013 - DAVID MILLER: Ms. Frazer presented the case report for the record and stated the
property is in violation of Sections 31.4.16 of the Weld County Zoning Ordinance. A building permit
for a 2400 square foot shed was applied and paid for on September 8, 1997. Upon review of the
permit by the Department of Planning Services, it was determined a 2400 square foot storage shed
could not be placed in a subdivision without a USR. In response to Chair Harbert, Ms. Frazer said
the shed has been completed. She further stated for unknown reasons, an inspection had been
made prior to the building permit being issued, and based on the inspectors approval, construction
continued. When contacted, he told Ms. Frazer, he did not feel he should have to apply or pay for
a USR since the fee for the building permit had been accepted by the Department of Planning
Services. Ms. Frazer stated the building permit is still in the "applied for" status according to the
Department of Planning Services records, however, Mr. Miller did have his copy of the building
permit on sight. Responding to Commissioner Hall, Ms. Frazer stated Mr. Miller submitted plans with
the building permit application which were checked by the Plans Examiner, Building Inspector and
zoning staff. She further added the plans were approved by the Plans Examiner, but were held by
zoning staff due to the size of the building. Ms. Frazer stated Mr. Miller was willing to apply for the
USR; however, he does not feel responsible for the $1,100.00 fee.
David Miller, property owner, was not present or represented at the hearing.
Commissioner Hall moved to continue VI #9800013 against David Miller to November 10, 1998, at
10:00 a.m. to allow the Board time to have a worksession with Department of Planning Services staff
regarding fees. The motion was seconded by Commissioner Baxter, and it carried unanimously.
VI#9800063 -CHARLES AND RENEE OTTINGER: Mr. Sprague presented the case report for the
record and stated the property is in violation of Sections 30.5.2 of the Weld County Building Code
Ordinance. Mr. Sprague stated a temporary occupancy permit was issued in April 1996, to allow
Mr. Ottinger to close on the property; however, final inspections have not been completed. In
response to Commissioner Baxter, Mr. Sprague was unaware of any reason for the delay.
Commissioner Hall questioned what verbal contact had been made with the property owners, to
which Mr. Sprague responded the last communication was made in March 1998. Chair Harbert and
Commissioner Hall expressed concern regarding the length of time between communication
attempts and the lack of documentation.
982001
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 13, 1998
PAGE 4
Commissioner Hall moved to continue VI #9800063 against Charles and Renee Ottinger to
November 10, 1998, at 10:00 a.m., to allow additional contact with the property owners to be made
by the Department of Planning Services staff. The motion was seconded by Commissioner Baxter,
and it carried unanimously.
VI #9800098 -JOHN BLACK: Mr. Sprague presented the case report for the record and stated the
property is in violation of Section 71.4.2 of the Weld County Building Code Ordinance. Mr. Sprague
stated all but one inspection has been completed on the residence and the final inspection is
scheduled for October 15, 1998. In response to Chair Harbert, Mr. Barker suggested continuing the
violation or refer the violation to Planning staff until after the final inspection.
Commissioner Baxter moved to refer VI#9800098 against John Black to the Department of Planning
Services so an inspection scheduled for October 15, 1998 may be completed. The motion was
seconded by Commissioner Hall, and it carried unanimously.
This Certification was approved on the 19th day of October, 1998.
APPROVED:
ATTEST: /` ) vJ 4 BOARD OF COUNTY COMMISSIONERS
WW D COUNTY, COLORADO
Weld Co my Clerk t t B•: " ��� (-64-a+ac,
a�I� _?�'• _ ., Constance L. Harbert, Chair
BY:
�f puty CI rk to the '�� . 41/4, EXCUSED
t'' . Act � W. H. Webster, Pro-Tem
1,
TAPE #98-28 ,®�r ,
g Baxter '
ICCU
. all
EXCUSED
Barbara J. Kirkmeyer
982001
PL0824
I
Hello