HomeMy WebLinkAbout970938.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on May 13, 1997, at 1:00 p.m., with the following present:
George E. Baxter, Chair - EXCUSED
Constance L. Harbert, Pro-Tem - EXCUSED
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, Todd Hodges
Health Department representative, Jeff Stoll
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, with Commissioner Webster acting as Chair:
VI #9600309 - Philip and Carol Pfannebecker: Julie Chester, Department of Planning Services,
reviewed the case file for the record and stated a recreational vehicle (RV) on the property is being
used as a second residence, which is in violation of Sections 31.2, 31.2.1, 31.2.16, and 43 of the
Weld County Zoning Ordinance. She explained the subject property owner's son has been living
in the RV since being seriously injured. Ms. Chester further explained the property owner was
unable to get water on the property for the second residence, therefore could not apply for a mobile
home permit. Phil Pfannebecker, subject property owner, was present and stated his son was
seriously injured on the job and required reconstructive knee surgery in December 1996; however,
doctors anticipate he should be able to return to work by the end of June. No public comment was
offered. Commissioner Kirkmeyer moved to refer VI #9600309 against Philip and Carol
Pfannebecker to the County Attorney for legal action, and delay such action until July 1, 1997, to
allow the property owners adequate time to bring the property into compliance. The motion was
seconded by Commissioner Hall, and it carried unanimously.
VI #9600140 - Leonard Amendola: Ms. Chester reviewed the case report for the record and
indicated this property is located in an isolated area and is considered an illegal landfill, which is
in violation of Sections 31.2, 31.3, 31.4, 31.4.9, and 45.4 of the Weld County Zoning Ordinance and
30-20-100.5, C.R.S. of the Solid Waste Act. She reported although miscellaneous trash and junk
has been dumped in ravines on the property, the primary problem is the 2,000-3,000 used tires
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dumped there and showed a video of the subject property taken May 12, 1997. Ms. Chester stated
she advised the property owner, Leonard Amendola, to install a gate and post "No
Trespassing/Dumping" signs, which he has done, and informed him of State grants available to
assist in disposing of the tires. She verified for Commissioner Kirkmeyer that all the material was
dumped illegally, apparently without Mr. Amendola's knowledge, and stated she has reviewed the
option of applying for a Special Use Permit and Certificate of Designation with him. Jeff Stoll,
Health Department, verified that Trevor Jiricek, Environmental Protection Division, has spoken with
Mr. Amendola and Mr. Amendola will submit an application for the Department of Local Affairs
grant. Responding to Commissioner Kirkmeyer, Mr. Stoll indicated they will probably amend the
grant application currently in process to include Mr. Amendola's property and can obtain bids for
the work on this property at the same time as the others included in the grant application. He
further verified for Commissioner Kirkmeyer that it could take six to nine months to receive the
grant assistance for the used tires and the property owner must move the tires out of the ravines
and cover the remaining junk with at least two feet of dirt. In response to Commissioner Webster,
Mr. Stoll stated the 50 -gallon barrels dumped at the site will have to be taken to a landfill for
disposal and staff will verify at the site visit that no hazardous waste is involved. Leonard
Amendola, property owner, was present and stated he purchased the property, 120 acres, through
the CRP program approximately six years ago and has never visited the property. He verified he
was unaware the dumping was occurring and indicated he has hired someone to move the tires
and complete the excavation of the remaining landfill area. Rory Harkless, Harkless Enterprises,
Inc., stated he has been hired by Mr. Amendola to move the tires and cover the rest of the landfill.
He verified with staff that the tires must be moved out of the ravines and stated he plans to scrape
dirt from the site to cover the remaining junk. Responding to Commissioner Hall, Mr. Harkless said
he plans to begin work on Monday, May 19,1997, and Commissioner Kirkmeyer questioned
whether Health Department staff could arrange to meet Mr. Harkless on site at that time to
complete any further inspections and instructions. Mr. Harkless stated it will take approximately
two weeks to move the tires out and start covering the rest of the trash. Responding to
Commissioner Hall, Mr. Amendola verified that three months would be adequate time to move the
tires and complete excavation of the remaining landfill. No public comment was offered.
Commissioner Hall moved to refer VI #9600140 against Leonard Amendola to the County Attorney
for legal action and delay such action for 90 days to allow adequate time for the property owner to
move the used tires out of the ravines and cover the remaining landfill. The motion was seconded
by Commissioner Kirkmeyer and carried unanimously.
VI #9700014 - Thomas Mitchell: Todd Hodges, Department of Planning Services, reviewed the
case file and stated the property is in violation of Sections 31.2, 31.2.1, 31.3, 31.4, and 31.4.18 of
the Weld County Zoning Ordinance. He indicated the property, located in Carr, is owned by
Thomas Mitchell and the houses, which are being stored on the property until they are sold, are
owned by Gary DeJohn. Mr. Hodges stated progress has been made to remove the houses and,
as of May 12, 1997, ten remained on the subject property. The Board declined to view a video of
the property and Thomas Mitchell, property owner, though present declined to speak. Gary
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DeJohn, owner of the houses, was present and explained the houses are recycled, 800- to 1000 -
square -foot frame structures he bought and moved to various locations in Colorado. He stated that
he realistically can estimate the ten remaining units will be sold and moved within 90 days. No
public comment was made. Commissioner Kirkmeyer moved to refer VI #9700014 against Thomas
Mitchell to the County Attorney for legal action, with such actions being delayed for 90 days to allow
adequate time for Mr. DeJohn to remove the buildings from the subject property. Commissioner
Hall seconded the motion, which carried unanimously.
VI #9600314 - Edward and Merle Yost: Ms. Chester reviewed the case file for the record
indicating the unpermitted mobile home in the A (Agricultural) Zone District is in violation of
Sections 31.2, 31.2.16, and 43 of the Weld County Zoning Ordinance. She explained the mobile
home was the principle dwelling on the property and the owners have built a new home. Ms.
Chester stated at the May 12, 1997 inspection, a moving permit was on the mobile home and Merla
Yost, subject property owner, indicated the mobile home would be moved by June 5, 1997. Mrs.
Yost, property owner, was present with Kelly Conrado, who verified he has purchased the mobile
home and will have it moved within a month. No public comment was offered. Commissioner Hall
moved to refer VI #9600314 against Edward and Merla Yost to the County Attorney for legal action,
but delay such action for 30 days to allow adequate time for the owner of the mobile home to move
it from the subject property. The motion was seconded by Commissioner Kirkmeyer and carried
unanimously.
VI #9700027 - Richard and Shari Raffaeli: Ms. Chester reviewed the case file for the record and
stated the commercial businesses and unpermitted mobile home on the property are in violation
of Sections 33.4.2, 33.4.3.3, 33.4.5, and 23 of the Weld County Zoning Ordinance. She explained
the property owners were working with staff on a Site Plan Review, however, did not complete the
process because of the cost and are selling the property. Shari Raffaeli, subject property owner,
was present and stated she and her husband have spent the last six months trying to decide what
to do with the property and mobile home. She indicated they have found a buyer and plan to be
off the property by July 1, 1997. She stated they encountered too many problems with the Site
Plan Review (Special Use Permit) requirements. Responding to Commissioner Hall, Mrs. Raffaeli
stated she and her husband have operated an irrigation system business and small bridal service
for 25 years and, even though the location of property was ideal because of the commercial zoning,
they were unaware of all the restrictions involved. Commissioner Kirkmeyer verified that Mrs.
Raffaeli understood the timeframe involved with this violation; that if the Board sets a date for the
violation to be resolved and they are still operating their businesses from this property without the
appropriate permits, the County Attorney can take legal recourse without any further Board action.
No public comment was offered. Commissioner Kirkmeyer moved to refer VI #9700027 against
Richard and Shari Raffaeli to the County Attorney for legal action, and delay such action until
August 1, 1997, to allow sufficient time for the property owners to complete the sale of the subject
property and remove the businesses. The motion was seconded by Commissioner Hall and carried
unanimously.
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This Certification was approved on the 19th day of May, 1997.
APPROVED:
ATTEST: lOgyailel
Weld
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TAPE #97-12
RESO #970939 - #970943
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
George E. Baxter, Chair
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