HomeMy WebLinkAbout951938.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on September 12, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
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, Julie Chester
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
County Zoning Ordinance. Cases were heard as follows.
VI #2211 - Abstar Diengdoh: Susan McMullen, Department of Planning Services, reviewed the
case file for the record and indicated the two unpermitted mobile homes on the property are in
violation of Sections 31.2, 31.2.16, and 43 of the Weld County Zoning Ordinance. The mobile
homes must be properly permitted or removed from the property to correct the violations. Keith
Schuett, Department of Planning Services, clarified that originally three nonpermitted mobile homes
were located on the property. He indicated no one lives in the mobile homes, and the owner is in
the process of removing one mobile home and plans on dismantling other two. Mr. Schuett stated
Mr. Diengdoh has been advised he must obtain temporary storage permits for the remaining mobile
homes while he is disassembling them and requested the Board delay referral to the County
Attorney for thirty days. Mr. Diengdoh, property owner, was present and agreed that thirty days
is sufficient time to acquire the necessary permits and to start dismantling the mobile homes. No
public comment was offered. Commissioner Harbert moved to delay referral of VI #2211 against
Abstar Diengdoh to the County Attorney for legal action for thirty days to allow Mr. Diengdoh time
to obtain the appropriate permits and start dismantling the mobile homes on the property. The
motion was seconded by Commissioner Baxter and carried unanimously.
VI #2212 - Sally Duran - Ms. McMullen reviewed the case file for the record and indicated the
noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. She stated Mrs. Duran's son, Robert, has submitted a screening plan and has removed
the burned -out mobile home and some of the derelict vehicles. Robert Duran, representing the
property owner, was present and indicated the derelict vehicles are classic cars he and his father
collected and refurbished. Since his father's death a few months ago, he has started to sell them,
and he requested three months to dismantle the mobile home, complete the screening, and move
some of the vehicles into a large shed on the property. In response to Commissioner Webster, Ms.
McMullen indicated the screening plan submitted was approved by staff. No public comment was
offered. Motion was made by Commissioner Harbert to delay referral of VI #2212 against Sally
Duran to the County Attorney for legal action for ninety days to allow the property owner's son,
Robert Duran, time to complete the screening and store the remaining derelict vehicles.
Commissioner Webster seconded the motion, which carried unanimously.
951938
PL0824
Ge,` / jog
RE: HEARING CERTIFICATION - ZONING VIOLATIONS
PAGE 2
VI #2213 - Arny and Linda Kay Long - Ms. McMullen reviewed the case file for the record and
indicated this noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County
Zoning Ordinance. She also stated concern that the material being stored on the property is from
and used in conjunction with Mr. Long's business, which would be a violation of the Subdivision
Ordinance. The Board verified that the property owner's business is not operated from the
property. Mr. Schuett stated that this property is in Country Estates Subdivision and reiterated
staff's belief that materials on the property are from and in conjunction with the business since
some of the materials are stored on the property and later used, sold, or distributed. Amy Long,
property owner, was present and stated he disagreed with staffs contentions and the junkyard
classification. He indicated he has lived on the property eleven years and through the years has
hauled firewood, manure, and miscellaneous materials to his property for personal use, later
disposing of it or burning the wood he did not use. He stated he has not had complaints until now
and indicated a neighbor has given him a letter of endorsement to bring to this hearing.
Responding to the Board, Ms. McMullen stated she was refused access to the property by Mrs.
Long September 11, 1995, and did not have a videotape to show. Julie Chester, Department of
Planning Services, provided five Polaroid photos for the Board's review which showed numerous
piles of building materials, appliances, furniture, and piles of wood and wire. She indicated the
appliances and furniture have been removed; however, the fire district has received two separate
complaints regarding burning on the property. In response to Chairman Hall, Ms. Chester stated
the property is visible from the adjacent properties to the east and Weld County Road 6. In
response to Commissioner Baxter, Mr. Long stated he spreads the manure on his property and is
building a pig pen with the surplus wood, and he keeps all the material to the back of the property.
He indicated the material is only visible from the second floor of the adjacent property and clarified
his wife would not allow Planning staff on the property because she was unhappy with how the
whole situation was being handled. Responding to Chairman Hall, Mr. Long stated time has been
a factor in the cleanup; however, he has stacked the wood on a trailer, removed the wire and
scraped the field with his tractor. The derelict vehicle is his son's pickup which was wrecked in an
accident and has not been repaired, but is licensed. Mr. Schuett reiterated staffs concerns that
the property is being used in conjunction with Mr. Long's business and the truck is a derelict
vehicle, by definition. In response to Commissioner Harbert, Mr. Schuett stated the Subdivision
Ordinance does not allow the property to be used in conjunction with or as an accessory to a
business. (Changed to Tape #95-35.) Chairman Hall indicated he felt the property is not being
used in conjunction with Mr. Long's business, and Mr. Long intends to repair the derelict vehicle.
Commissioner Harbert stressed the importance of maintaining the property. Mr. Long responded
that his property is ten acres, and a certain neighbor will complain about what he does on it
regardless of what it is. Responding to Commissioner Webster, Mr. Schuett verified the property
is technically in compliance, except for the derelict vehicle. No public comment was made. After
further discussion, Commissioner Harbert moved to close VI #2213 against Amy and Linda Kay
Long. Commissioner Webster seconded the motion, stating he felt it vital Department of Planning
staff be allowed to inspect the property. Commissioner Baxter commented that some good has
resulted from the case in that the property has been cleaned up and asked for assurance of Mr.
Long's intention to repair the vehicle. On a call for the question, the motion carried unanimously.
VI #2204 - Daniel and Francisca Santillan: Ms. McMullen indicated this case was closed.
VI #2188 - Rosamaria Castillo: Ms. McMullen reviewed the case file for the record and indicated
the mobile home on the property is not permitted, which is a violation of Sections 31.2, 31.2.16 and
43 of the Weld County Zoning Ordinance. Responding to the Board, Ms. McMullen indicated the
property owner has not answered staff correspondence. The property owner was neither present
nor represented. Ms. Chester stated Mrs. Castillo has been unable to get help with the water and
sewer hookups and is also in violation of the Building Code Ordinance. Mr. Schuett indicated Mrs.
Castillo lives adjacent to the mobile home. He also advised the Board Mrs. Castillo was in violation
several years ago, was issued a mobile home permit on the condition she complete the sewer and
water hookups, and has never complied. Commissioner Harbert stated she received a phone call
regarding this case which indicated there was no electrical wiring to the mobile home. In response
to Commissioner Harbert, Mr. Schuett indicated no one was living in the mobile home as of the
September 11, 1995, inspection. No public comment was offered. Commissioner Harbert moved
951938
PL0824
RE: HEARING CERTIFICATION - ZONING VIOLATIONS
PAGE 3
to refer VI #2188 against Rosamaria Castillo to the County Attorney for legal action. The motion
was seconded by Commissioner Webster and carried unanimously.
VI #2205 - Rose Garcia: Ms. McMullen reviewed the case file for the record and indicated this
noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. She stated there are piles of used building materials, appliances, used tires, two
derelict vehicles, and a nonpermitted mobile home still on the property. Ms. Chester indicated
some progress has been made and explained the property owner works and is a single parent who
has no one to help her except her brother. Ms. McMullen and Ms. Chester met with Mrs. Garcia's
brother on August 11, 1995, and explained the ordinance and what still had to be done to bring the
property into compliance. The property owner was not present or represented today. Staff
recommended delaying referral for thirty days to allow Mrs. Garcia more time to complete the
cleanup. No public comment was offered. Commissioner Harbert moved to delay referral of
VI #2205 against Rose Garcia to the County Attorney for legal action for thirty days to allow the
property owner time to complete the cleanup of the property. She also requested staff send a letter
to Mrs. Garcia explaining specifically what needed to be done to bring the property into compliance.
The motion was seconded by Commissioner Baxter and carried unanimously.
VI #2206 - Robert Kenneth Dakota Valdez: Ms. McMullen reviewed the case file for the record
and indicated this noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld
County Zoning Ordinance. She indicated the owner has made some attempt to clean up the
property since the initial inspection, but there is still a huge pile of junk and tires as well as several
derelict vehicles on the property. The property owner was not present or represented today. Ms.
Chester stated she talked with Robert Valdez's brother in July who said he was trying to clean up
the property, but she has had no contact with him or Robert Valdez since. No public comment was
offered. Commissioner Webster moved to refer VI #2206 against Robert Kenneth Dakota Valdez
to the County Attorney for legal action. Commissioner Baxter seconded the motion, which carried
unanimously.
VI #2207 - Rex and Angela Kline: Ms. McMullen presented the case file for the record and
indicated the use is a violation of Sections 31.2 and 31.4 of the Weld County Zoning Ordinance.
She explained the owners have been operating a port-a-pottie business (A&R Sanitation) from the
property and, as of September 11, 1995, all but four units have been removed. Commissioner
Webster questioned what they were doing with the units and whether they were dumping lime on
the ground. Ms. Chester stated, according to property owner Angela Kline, all they do on the
property is store the units; cleaning and sanitizing is done somewhere else. Mr. Schuett added
that he has not seen any lime material on the ground and reiterated that only four units remain on
the property. The property owners were neither present or represented. No public comment was
offered. Motion was made by Commissioner Harbert to delay referral of VI #2207 against Rex and
Angela Kline to the County Attorney for legal action for thirty days to allow the property owners time
to remove the remaining units. She also requested staff send a letter to the property owners
explaining the necessity of removing the units. Commissioner Baxter seconded the motion, which
carried unanimously.
VI #2208 - Winslow R. Taylor: Ms. McMullen reviewed the case file for the record and indicated
the two unpermitted mobile homes located on the property are a violation of Sections 31.2, 31.2.16
and 43 of the Weld County Zoning Ordinance. The mobile homes must be properly permitted or
removed from the property to correct the violations. She stated she talked with the proposed buyer
of the property who is taking responsibility for removing the mobile homes. The property owner
was not present or represented today. In response to the Board, Mr. Schuett stated Mr. Taylor is
still owner of record and responsible. He indicated the tenants on the property apparently are
creating some problems and the closing on the sale of the property is eminent. He agreed a thirty -
day delay would be adequate. No public comment was made. Commissioner Webster moved to
delay referral of VI #2208 against Winslow R. Taylor to the County Attorney for legal action for thirty
days to allow the property owner time to close on the sale of the property and for removal of the
mobile homes. Commissioner Baxter seconded the motion, which carried unanimously.
951938
PL0824
RE: HEARING CERTIFICATION - ZONING VIOLATIONS
PAGE 4
-s 3aTTE
This Certification was approved on the 18th day of September, 1995.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, CO OR
Dale K. Hall, Chairman
FxrdISFn
Barbara J. Kirkmeyer„Pro-Tem
i
aat
Clerk to the Board
ft"
Deputy Clerk G the Board
TAPE #95-34 AND #95-35
RESO #951939 - 951946
PL0824
C
/George E'Baxter
Constance L. Harbert
FXCI JSFn PATE PE APPROVAI
W. H. Webster
951938
PL0824
Hello