HomeMy WebLinkAbout981664.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on September 8, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Clerk to the Board, Jean Gillingham
Assistant County Attorney, Lee Morrison
Planning Department representative, Sharyn Frazer
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 #9800095 -ARTHUR AND ROXY PITNER : Sharyn Frazer, Department of Planning Services,
presented the case report for the record and stated the property is in violation of Sections 31.2,
31.3.9 and 43 of the Weld County Zoning Ordinance, and Section 70 of the Weld County Building
Code Ordinance. After the initial complaint was received on July 1, 1998, a site inspection was
conducted by Ms. Frazer, confirming the violations. In response to Commissioner Hall, Ms.
Frazer stated the pictures included in the Board's packets show the mobile home and two
vehicles located on the property.
Arthur Pitner, property owner, was present at the hearing. Mr. Pitner stated he does not agree
with the portion of the Zoning Ordinance which defines what "constitutes" a mobile home. He
added no utilities are attached to the mobile home, and explained he uses the mobile home
structure as storage. In response to Chair Harbert, Mr. Pitner stated originally the trailer was
constructed as a mobile home; however, the interior has been altered by the removal of
bathroom and kitchen facilities and is now used for storage of farm supplies. Mr. Pitner also
stated the two trucks located on the property are side dump trucks used for farming; one is
operable, the other not. In response to Commissioner Baxter, Mr. Pitner stated he was unaware
that a permit was needed for storage sheds. Commissioner Hall stated a permit is needed for
any non-foundation unit including semi-trailers. Lee Morrison, Assistant County Attorney,
explained because the original design was for a mobile home, it does not lose its character just
because the interior has been altered. Mr. Morrison also explained the definition of"mobile
home" has been challenged in the courts and was upheld. In response to Commissioner
Kirkmeyer, Mr. Pitner stated it is not his intention to leave the mobile home permanently on the
property, but to build a home and occupy the property as soon as his current residence is sold.
In response to Chair Harbert, Ms. Frazer stated a Temporary Accessory Structure Permit would
need to be obtained, as well as a Certificate of Compliance. In response to Commissioner
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Baxter, Ms. Frazer stated the permit would remain in effect as long as the structure is used for
storage. In response to Commissioner Webster, Mr. Pitner stated he has owned the property for
three years. Responding to Commissioner Hall, Mr. Pitner stated instead of spending the money
for the permits, he would rather bulldoze the structure, which would take no more than 30 days to
complete.
Commissioner Hall moved to refer Vl#9800095 against Arthur and Roxy Pitner to the County
Attorney for legal action, with the instruction to delay action upon such referral until October 8,
1998, to allow adequate time for the property to be brought into compliance. Ms. Frazer
confirmed the two vehicles located on the property are no longer included in the violation. The
motion was seconded by Commissioner Webster, and it carried unanimously.
VI #9800104 -GABINO AND ROGER LARA/JOHN UNDERHILL: Ms. Frazer presented the
case report for the record and stated the property is in violation of Sections 31.2 and 31.3.9 of
the Weld County Zoning Ordinance. The initial complaint was received of commercial sales
activity being conducted on the property and an advertisement was in the Greeley Tribune. A
site inspection made from the road by Ms. Frazer on July 16, 1998, revealed railroad ties
stockpiled on the property. On September 3, 1998, Ms. Frazer inspected the property and
photographed the railroad ties, as well as a large amount of metal and containers stored on the
property.
Gabino Lara, property owner, was present at the hearing. Mr. Lara stated his brother Roger had
been selling railroad ties from the property, but is no longer. Mr. Lara said the railroad ties are
going to be used for fence posts for his and John Underhill's properties. In response to
Commissioner Baxter, Mr. Lara stated he owns 50 acres and John Underhill owns 160 acres.
In response to Commissioner Kirkmeyer, and Chair Harbert, Mr. Lara stated the last
advertisement was printed in the Greeley Tribune approximately two months ago, and the metal
and containers stored on the property contain bolts and other materials he uses in his
construction business. Responding to Commissioner Baxter, Ms. Frazer stated Mr. Lara has the
option to screen these materials. Responding to Chair Harbert, and Commissioner Kirkmeyer,
Mr. Lara stated barbed wire will be used between the railroad tie posts for fencing, and his intent
is to eventually build a house and landscape the property. Commissioner Kirkmeyer reiterated to
Mr. Lara that at the present time his property is in violation and screening must be completed.
Chair Harbert stated if a building permit is obtained, the materials could be stored inside a
building. In response to Chair Harbert, Mr. Lara stated he would need about 60 days to complete
screening. Chair Harbert told Mr. Lara that a landscape/screening plan would have to be
submitted and approved by the Planning Department. Lee Morrison expressed concern
regarding the impression being given that a commercial operation could operate from this
property and that the materials found on the property are not part of a non-commercial junkyard,
but materials belonging to a commercial operation. In response to Chair Harbert, Mr. Lara
stated his business is operated out of an office located in Erie. In response to Commissioner
Webster, Ms. Frazer stated neither the Health or Planning Departments have inspected the
containers. Ms. Frazer also stated, based on the reports she received, she does not feel there
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were safety or health issues. Commissioner Kirkmeyer stated if Mr. Lara continues to keep
materials on the property, a Use by Special Permit (USR) will be needed. In response to
Commissioner Kirkmeyer, Mr. Lara stated he will need until the end of the year to complete the
fence around the property. Commissioner Baxter told Mr. Lara applying for a USR can be
complicated and expensive and there is no guarantee that one would be given that he would be
granted. Ms. Frazer stated she received a call reporting additional railroad ties being hauled onto
the property on September 2, 1998. In response to Chair Harbert, Mr. Lara stated he is unaware
of any delivery being made. Commissioner Hall stated, Mr. Lara can either obtain a USR; or
remove all the materials on the property. In response to Commissioner Webster, Mr. Lara
confirmed the length of the railroad ties are standard (3.5 ft. to 10 ft.). In response to
Commissioner Hall, Mr. Lara stated he is interested in obtaining a USR. Mr. Morrison express
concern regarding the title issues currently being explored through the courts, and the
unlikelihood of a USR being issued with "title issues" existing. In response to Chair Harbert, Ms.
Frazer confirmed Mr. Lara's property is Lot B of the "title issues" subdivision currently under
investigation. In response to Chair Harbert, Mr. Morrison stated even if the USR process is
started, it could not be finalized or recorded until the title dispute is settled. In response to Chair
Harbert, Mr. Morrison stated the title/subdivision dispute is currently being reviewed by the
District Attorney's Office for the criminal portion of the case, then the civil portion will be started
after the DA's decision.
Commissioner Kirkmeyer moved to refer VI#9800104 against Gabino and Roger Lara/John
Underhill to the County Attorney for legal action, with the instruction to delay action upon such
referral until October 8, 1998, to allow adequate time for the property owners to make significant
progress towards bringing the subject property into compliance and if significant progress is
being made, allow an additional delay until November 9, 1998, to bring the property completely
into compliance and an inspection of the property by the Department of Planning Services to be
made. The motion was seconded by Commissioner Hall, and it carried unanimously.
VI #9800105 - EARL HOOD: Ms. Frazer presented the case report for the record and stated the
property is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. Upon
inspection of the property, a non-commercial junkyard was observed. Mr. Hood has not
responded to any Planning Department communications, and was not present or represented at
the hearing.
Commissioner Hall moved to refer VI#9800105 against Earl Hood to the County Attorney for legal
action. The motion was seconded by Commissioner Baxter, and it carried unanimously.
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This Certification was approved on the 14th day of September, 1998.
APPROVED:
ATTEST: �::�J�� BOARD OF COUNTY COMMISSIONERS
", ;; _�� r WELD COUNTY, COLORADO
Weld County Clerk to EXCUSED DATE OF APPROVAL
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BY:
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(� ., � W. H. Webster, Pro-Tem
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