HomeMy WebLinkAbout962203.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on December 10, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tern
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner 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
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 #9600098 - Charles M. Roseman/Dale Roseman: Julie Chester, Department of Planning
Services, reviewed the case file for the record stating the property still is in violation of Sections
31.2, 31.3, 31.3.9, and 31.4 of the Weld County Zoning Ordinance and showed a video tape
December 9, 1996, of the property taken. She reported the noncommercial junkyard consists of
car parts, appliances, and miscellaneous junk and debris. Ms. Chester indicated a number of
vehicles parked outside a screened area on the property are licensed and appear to be operable.
Dale Roseman, the property owner's son, was present and stated he is disabled by a back injury
which prevents him from doing much of the cleanup work himself. He requested additional time
to complete the cleanup and arrange for help. No public comment was offered. Commissioner Hall
moved to delay referral of VI #9600098 against Charles M. Roseman and Dale Roseman to the
County Attorney for legal action until January 1, 1997. The motion was seconded by Commissioner
Baxter and carried unanimously.
VI #9600147 - Rodolfo Montes: Ms. Chester reviewed the case file for the record stating this
property is in violation of Sections 23, 33.5.2, 33.5.3, and 33.5.5 of the Weld County Zoning
Ordinance. She indicated subject property is zoned C-4 and there are three mobile homes on the
property, two of which are permitted and being used as housing and storage. Ms. Chester stated
the property owner wishes to use the mobile homes for storage, an office, and a residence and has
talked with Planning staff regarding the necessary site plan review. Responding to the Board, Todd
Hodges, Department of Planning Services, stated upon submittal of the site plan review application,
staff will review the proposal which will take approximately 45 days. Rodolfo Montes, subject
property owner,was present and reiterated that he has spoken with Ms. Chester about the required
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RE: HEARING CERTIFICATION - ZONING VIOLATIONS
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site plan review and requested ninety days to bring the property into compliance. Mr. Hodges
verified for the Board that ninety days would be adequate to complete the site plan review after the
application has been submitted. Chair Kirkmeyer stated it would be more prudent in view of the
Zoning Ordinance violation to set a time limit on submittal of the application for the site plan review;
the violation case could be closed upon submittal of said application. No public comment was
offered. Commissioner Harbert moved to delay referral of VI #9600147 against Rodolfo Montes
to the County Attorney for legal action for 14 days to allow adequate time for Mr. Montes to submit
an application for a site plan review to the Department of Planning Services. Commissioner
Webster seconded the motion, which carried unanimously.
VI #9600171 - George Jones: Ms. Chester reviewed the case file for the record stating subject
property is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She
indicated the noncommercial junkyard on the property consists of a derelict vehicle and
miscellaneous used building material and debris. She also stated the tenant is in the process of
purchasing subject property and is attempting the cleanup. Ms. Chester showed a video tape
taken December 9, 1996, of subject property and explained most of the junk was on the property
when the tenant moved in. She stated Mr. Jones owns other properties which have been issued
violations and has always been cooperative. Mona Ibarra, tenant, was present and stated she and
her husband entered into a purchase contract with Mr. Jones in July 1996, and currently are in the
process of divorce. Ms. Ibarra explained she works, has four children, and is doing the cleanup
by herself with no other help. Bruce Barker, County Attorney, clarified that the landowner and
tenant are held equally responsible in these violation cases and that Mr. Jones, as property owner
of record, would have ultimate responsibility. Responding to Commissioner Baxter, Ms. Ibarra
verified that Mr. Jones has not helped her with any of the cleanup done so far. Ms. Chester verified
Mr. Jones was sent all notices and letters regarding this violation case and stated she believes he
understands he is ultimately responsible. Commissioner Harbert indicated as a condition to the
Board's decision today, Mr. Jones should be advised to work with his tenant and help her get the
property cleaned up, even though she has contracted to purchase the property. No public
comment was offered. Commissioner Harbert moved to delay referral of VI #9600171 against
George Jones to the County Attorney for legal action for ninety days to allow time to bring subject
property into compliance and directed staff to include above stated advisement in the letter to Mr.
Jones. The motion was seconded by Commissioner Baxter and carried unanimously.
VI #9600186 - Greg German: Ms. Chester reviewed the case file for the record and showed a
video tape of the property taken December 9, 1996. She indicated the noncommercial junkyard
on the subject property includes used building materials, tires, and what appears to be one derelict
vehicle which is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. Ms.
Chester explained Mr. German left a message at her office indicating he was confused as what the
violation was and numerous subsequent attempts to contact him were unsuccessful. She showed
a video tape of the subject property taken December 9, 1996, and explained what the violations
were. Theresa Allmer, representing subject property owner, was present and stated Mr. German
was unable to get off work to attend this hearing and basically wanted clarification of the violation.
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Responding to the Board, Ms. Allmer indicated Mr. German works construction and she did not
know where the construction site is. Ms. Chester explained this property is one of several in this
area the City of Evans requested Planning staff to inspect for Zoning violations, and she has been
unable to contact Mr. German to answer his questions. Commissioner Baxter opined that staff
either has to set up a specific time and place to meet with Mr. German or send him a letter
specifically outlining what is in violation and what has to be done to bring the property into
compliance. No public comment was offered. Commissioner Hall moved to delay referral of
VI #9600186 against Greg German to the County Attorney for thirty days to allow adequate time
for staff to contact the property owner and initiate his compliance. The motion was seconded by
Commissioner Webster and carried unanimously.
VI#9600191 -Carmen and Billy Math: Ms. Chester reviewed the case for the record and showed
a video tape of the subject property taken December 9, 1996. She explained the property presents
violations of both Weld County Building Code and Zoning Ordinances; however, only the Zoning
Ordinance violations would be considered at this hearing since Mr. Mata is working with Building
Inspection staff to resolve the Building Code violations. Ms. Chester further explained the
noncommercial junkyard on the subject property consists of a large amount of household trash and
debris, and the tenants have abandoned the property. Billy Mata, property owner, was present and
reiterated the tenants moved out overnight, leaving trash and even their dogs in the yard. He
indicated there was also extensive damage to the house. No public comment was offered.
Commissioner Hall moved to delay referral of VI #9600191 against Carmen and Billy Mata to the
County Attorney for sixty days to allow adequate time for the owners to correct both Zoning and
Building Code violations. The motion was seconded by Commissioner Webster and carried
unanimously.
VI#9600192-Rudy and Soledad Dominguez: Ms. Chester reviewed the case file for the record
and showed a video taken December 9, 1996, of the subject property, and indicated this property
is in the same area of Evans as the previous two heard today. She stated the noncommercial
junkyard consisting of a derelict vehicle, tires, and miscellaneous trash and debris is a violation of
Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. Ms. Chester explained that some
cleanup was done after the initial violation notice, however, nothing has been done recently. She
stated at the time of the last inspection, Mr. Dominguez indicated he would have the BMW licensed
by the time of this hearing. Rudy Dominguez, property owner, was present and stated all the
vehicles run and presented a registration slip for the BMW. Responding to the Board, Mr.
Dominguez indicated he understood the property must be cleaned up to bring it into compliance
and stated he would need at least four more months. No public comment was made. Motion was
made by Commissioner Baxter and seconded by Commissioner Webster to delay referral of
VI#9600192 against Rudy and Soledad Dominguez to the County Attorney for legal action for
ninety days to allow adequate time for the owners to bring the subject property into compliance.
The motion carried unanimously.
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(Changed to Tape#96-34) At this time, with no other property owners present or represented for
the remaining cases on the agenda, Commissioner Hall moved to refer VI#9600102, VI#9600188,
VI #9600189, and VI #9600246 against Max and Annabella Sepulveda, Maria Gaona, and William
and Eva Miller, respectively, to the County Attorney for legal action. Commissioner Harbert
seconded the motion. Ms. Chester referenced VI #9600246 against Loren and Marilyn Cockroft
indicating the property owners are in Germany right now and are working with Planning staff
regarding appropriate permits, and requested a ninety-day deferral. Responding to the Board, staff
verified that the owners' daughter submitted a permit application last week, however, it was
incomplete. Commissioner Webster moved to amend the motion to delay deferral of Vi #9600246
against Loren and Marilyn Cockroft to the County Attorney for legal action for ninety days, with
Commissioner Baxter seconding the motion. Discussion followed during which Commissioner
Harbert commented on the length of time it has been since the initial violation notice and also
stated the property owners had adequate time to correct the violation before leaving the country.
Commissioners Webster and Baxter then agreed to withdraw the amended motion, and
Commissioner Baxter moved to again amend the motion to delay referral of VI #9600246 to the
County Attorney for two weeks to allow the property owners sufficient time to submit the
appropriate, completed application and fees to the Department of Planning Services.
Commissioner Webster seconded the amended motion, which carried unanimously. Motion to refer
VI #9600102, #9600188, and #9600189 to the County Attorney for legal action then carried
unanimously.
This Certification was approved on the 16th day of December, 1996.
I�1
f APPROVED:
414 %� BOARD OF COUNTY COMMISSIONERS
NO � W LD COUNTY, COLOIDO
1361 nty Clerk to the Board ic z,/ L , /.�LA-t1 �--6' .
n Tmn
. Barba a J. Kirkmey , Chair
— Deputy Cler/to the Board
Borg . Baxter, Pro-Te
TAPE #96-33 AND #96-34
ale K. Hall
RESO #962204 -#962211
PL0824 Constance L.
cearbert
W. H. Webster
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