HomeMy WebLinkAbout952329.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on November 14, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Susan McMullen
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
Zoning Ordinance. Cases were heard as follows.
VI #2231 - Sherrie Sellmer: Susan McMullen, Department of Planning Services, presented the
case report for the record and indicated the property was being used in conjunction with a RV and
boat storage business, which is a violation of Sections 31.2.31.3 and 31.4 of the Weld County
Zoning Ordinance. She stated the property owner must apply for and have approved a Use by
Special Review (USR) Permit to bring the property into compliance. She stated staff has been in
contact with the property owner who wishes to proceed with the USR application and process and
recommended delaying referral to the County Attorney for 120 days to allow the property owner
time to submit a USR application and have it approved by the Board. Keith Schuett, Department
of Planning Services, indicated only a couple of minor revisions on the USR plat and a letter from
the appropriate water board are necessary to complete the USR application. He clarified for the
Board that 120 days would allow time for approval and recording of the USR Permit, and revisions
referred to earlier could be completed in two to three days. Sherrie Sellmer, property owner, was
present and concurred with Mr. Schuett. Commissioner Kirkmeyer reiterated for Ms. Sellmer that
approval of the USR is not guaranteed and, if not approved, her property would still be in violation.
Ms. Sellmer indicated she understood that condition. No public testimony was offered.
Commissioner Harbert moved to delay referral of VI #2231 against Sherrie Sellmer to the County
Attorney for legal action until March 12, 1996. The motion was seconded by Commissioner
Kirkmeyer and carried unanimously.
VI #2232 - Alfonso Huerta: Ms. McMullen reviewed the case report for the record and presented
a video taken November 13, 1995. She stated the noncommercial junkyard is a violation of
Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance and must be removed or screened
to bring the property into compliance. She indicated the large pile of rubble is the result of Mr.
Huerta's house burning down and pointed out other smaller piles of rubble and two derelict
vehicles. She indicated Mr. Huerta, who is elderly, has had many difficulties since his wife died and
his house burned down and has to rely on relatives to do most of the cleanup work; therefore, staff
agreed with Mr. Huerta's request to delay referral until July 1996. Commissioner Kirkmeyer stated
that if the Board agreed to delay referral for that length of time, it would require the cleanup to
continue and progress reports from staff. Mr. Huerta and his daughter, Lupe Pedrosa, were
present at this hearing. Ms. Pedrosa indicated they were removing the rubble with pickups, and
progress has been slow. She stated they are requesting deferral until July 1996, because much
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of the rubble will be frozen down during the winter and they will be unable to move it.
Commissioner Hall agreed with Ms. Pedrosa but reiterated the need for progress in the interim to
avoid all the work being done at the last moment. Bruce Barker, County Attorney, referred Ms.
Pedrosa to the Clerk and Recorder to assist in retitling the vehicles. The Board discussed various
methods of disposing of the vehicles, including A Woman's Place, and directed staff to assist Mr.
Huerta with appropriate referrals. No public comment was offered. Commissioner Harbert moved
to delay referral of VI #2232 against Alfonso Huerta to the County Attorney for legal action until
February 1, 1996, to allow for the removal of the derelict vehicles and until July 1, 1996, for the
removal of all the rubble, and to require the property owner to report verbally to Planning staff each
month on what progress has been made. The motion was seconded by Commissioner Kirkmeyer.
Ms. Pedrosa asked the Board if there was any way her father could keep two old pickups that were
special to him. Commissioner Harbert suggested they work with Planning staff on methods of
enclosing or screening the vehicles by February 1, 1996, as stated in the motion. No public
comment was offered. With no further discussion, the motion carried unanimously.
VI #2228 - Pine Hill Enterprises: Ms. McMullen reported this case closed.
VI #2030 - Douglas and Esther Born: Ms. McMullen presented the case report for the record and
stated the violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance consists of
one engine and a derelict vehicle which can be seen from the road on the east side of the subject
property. She indicated Mr. Born erected an approved screen on the west side of the property for
other derelict vehicles he collects and restores as a hobby and has started to screen the east side.
Ms. McMullen recommends deferring referral to the County Attorney for two weeks to allow Mr.
Born time to complete the remaining fifteen feet of screening. The Board viewed a video of the
subject property taken November 13, 1995, and verified the east screening is similar to the
approved screening on the west side. The property owners were not present or represented at this
hearing. No public comment was offered. Commissioner Kirkmeyer moved to delay referral of
VI #2030 against Douglas and Esther Born to the County Attorney for legal action until November
28, 1995, to allow them to complete screening on the east side of subject property. The motion
was seconded by Commissioner Webster and carried unanimously.
VI #2214 - Larry and Tani Hoagland: Ms. McMullen reviewed the case report for the record and
stated this nonpermitted mobile home is a violation of Sections 31.2, 31.2.16 and 43 of the Weld
County Zoning Ordinance. She stated the mobile home was sold recently and the new owner has
obtained the proper permits and will have the mobile home moved in two weeks. The property
owners were not present or represented and no public comment was offered. Commissioner
Webster moved to delay referral of VI #2214 against Larry and Tad Hoagland to the County
Attorney for legal action for thirty days. Commissioner Kirkmeyer seconded the motion, which
carried unanimously.
VI #2224 - James and Misty Hove: Ms. McMullen presented the case history for the record and
stated the property owners are in violation of Sections 31.2 and 31.5.4 of the Weld County Zoning
Ordinance by having more than four animal units on subject property. She reported the Hoves
have been moving animals on and off the property since July 1995, and had four horses and one
goat when she inspected the property on November 13, 1995. Mr. Hove indicated in a phone call
with Ms. McMullen that he would move the goat off the property. Ms. McMullen recommended
giving Mr. Hove one week to remove the animal. The property owners were not present or
represented, and no public comment was made. Commissioner Baxter moved to delay referral of
VI #2224 against James and Misty Hove to the County Attorney for legal action for one week to
allow them to remove one animal unit from the subject property. Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
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VI #2227 - Howard and Elaine Binder: Ms. McMullen reviewed the case report for the record and
stated the unpermitted mobile home on the subject property is a violation of Sections 31.2, 31.2.16,
and 43 of the Weld County Zoning Ordinance. She indicated the mobile home originally was
permitted as an accessory to a dairy; however, the dairy is abandoned and the property owners
are apparently renting out the mobile home. She also stated staff has received no response to
numerous mailed notifications and recommended referral to the County Attorney for legal action.
Commissioner Harbert moved to refer VI #2227 against Howard and Elaine Binder to the County
Attorney for legal action. The motion was seconded by Commissioner Kirkmeyer and carried
unanimously.
VI #2229 - Hubert and Margaret Collins: Ms. McMullen reviewed the case report for the record
and stated this noncommercial junkyard is a violation of Sections 31.2, 31.2, and 31.3.9 of the Weld
County Zoning Ordinance. She indicated the owners are using the property in conjunction with
their car dealer business and plan to apply for a Use by Special Review Permit for the business.
She also stated some screening has been erected. Ms. McMullen recommended deferring referral
to the County Attorney for thirty days to allow the property owners time to apply for a USR Permit.
The property owners were not present or represented. No public testimony was offered.
Commissioner Baxter moved to delay referral of VI #2229 against Hubert and Margaret Collins to
the County Attorney for legal action for thirty days to allow time for them to submit a USR Permit
application to the Department of Planning Services. Commissioner Kirkmeyer seconded the
motion, which carried unanimously.
This Certification was approved on the 20th day of November, 1995.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WF COUNTY, COR DO
6,447
Iy Clerk to the Board
Deputy Cleri. the Board
TAPE #95-45
RESO #952330 - 952336
PL0824
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Dale K. Hall, Chairman /
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BarbaryJ. Kirkmeyer/ P;o-Tem
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'George £. Baxter
Constance L. Harbert'
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