HomeMy WebLinkAbout950477HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on March 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, Barry Kramer
Planning Department representative, Ed Stoner
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 Building Code and Zoning Ordinances. Cases heard were as follows.
VI #2153 - Ernest Peterson (cont. from 2/14/95}: Bruce Barker, County Attorney, indicated this
case has been closed.
BCV #2153 - OTESA Mobile Home Park/Forrest and Jacqueline Cooley: Ed Stoner,
Department of Planning Services, presented the case report for the record. He stated failure to
complete final inspections and have the permit finalized is a violation of Sections 20.9.8 and 70.4.2
of the Weld County Building Code Ordinance. Mr. Stoner indicated corrections to the porch and
steps must be made and final inspections completed to bring the property into compliance. He
recommended a seven-day extension to allow the contractor to complete the work on the porches
and for final inspections. Jacqueline Copley, property owner, was present and indicated seven
days should be sufficient to bring the property into compliance. Kay Copley, property owner's
mother-in-law, offered further explanation regarding problems in meeting building inspection
requirements. No public comment was offered. Commissioner Webster moved to delay referral
of BCV #2153 against OTESA/Forrest and Jacqueline Copley to the County Attorney for legal
action for fourteen days to allow work to be completed and final inspections made. Commissioner
Baxter seconded the motion, which was carried unanimously.
VI #2130 - Steven and Leon Mayo: Barry Kramer, Department of Planning Services, reviewed
the case report and presented a video of the property taken March 13, 1995. He indicated this
restaurant grease storage and recycling business being operated from the property without a
Special Use Permit is a violation of Section 31.2 of the Weld County Zoning Ordinance. The
property owners must apply for, have approved, and meet all conditions of the appropriate land use
permit to bring the property into compliance, or remove the business from the property. Leona
Mayo, property owner, was present and explained the business operation, indicating the business
was registered as agricultural with the Colorado Department of Agriculture and the U.S.
Department of Agriculture. She stated Lamar Bi-Products recycles the grease for cattle feed and
provides the Mayos with clean, empty 55 -gallon barrels which they deliver to area restaurants and
exchange for barrels of used grease. Mrs. Mayo stated they have been in business for nine
months and are in the process of purchasing another property from which they will operate the
business. She requested a 120 -day extension to allow time to close on the property and to apply
for the appropriate land use permit with the Department of Planning Services. During discussion,
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BUILDING CODE AND ZONING VIOLATIONS
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Mrs. Mayo verified for Commissioner Webster that, contrary to a complaint made by Colorado
Grease Service, no cattle carcasses are kept or rendering activity takes place on the property. She
indicated they do not even clean the 55 -gallon barrels on the property, and surrounding property
owners do not seem to have any problems with the business. No public comment was offered.
Commissioner Harbert made a motion to delay referral of VI #2130 against Steven and Leona
Mayo to the County Attorney for legal action for 120 days to allow the property owners time to close
on the pending property purchase and apply for the appropriate land use permit with the
Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer and
carried unanimously.
VI #2164 - Leon and Beverly Manning: Mr. Kramer reviewed the case report for the record,
including a video of the property taken March 13, 1995. He stated the second mobile home on this
property was permitted under a medical hardship which no longer exists, and derelict vehicles and
junk violate Sections 31.2, 31.3.9 and 31.2.16 of the Weld County Zoning Ordinance. To correct
the violations, the property owners must screen or remove the junkyard and the appropriate Zoning
Permit for the mobile home must be approved, or the mobile home removed from the property. Mr.
Kramer spoke with Mrs. Manning yesterday who indicated she wished to screen the east side of
the property and had applied for disability income. Beverly Manning, property owner, was present
and explained her medical problems for the Board. She indicated she would be able to apply for
the appropriate permits by April 3, 1995, when she will receive her first social security check. No
public testimony was offered. Commissioner Baxter moved to delay referral of VI #2164 against
Leon and Beverly Manning to the County Attorney for legal action for thirty days to allow the
property owners time to apply for the appropriate permits with the Department of Planning Services
and remove derelict vehicles. Commissioner Webster seconded the motion, which carried
unanimously. Mr. Kramer clarified for the Board that if Mrs. Manning's medical hardship permit for
the second mobile home is not approved, the mobile home would have to be moved from the
property.
VI #2165 - Russell and Judith Miller: Mr. Kramer reviewed the case report for the record and
explained the number of animals on this property exceeds what is allowed and the tires and used
lumber comprise a noncommercial junkyard, violations of Sections 31.2, 31.3.9 and 31.5.4 of the
Weld County Zoning Ordinance. To correct the violations, the property owners must apply for and
have approved the appropriate land use permit or reduce the number of animals on the property,
and either adequately screen or remove the junk material. Russell Miller, property owner, was
present and indicated he has been working at cleaning up the property and has moved some of
the animals. He related numerous health problems and stated he is trying the sell the property
because of ongoing problems with neighbors and incidents of vandalism. In response to the Board,
Mr. Miller indicated he will try to correct the remaining violations or, hopefully, sell the property
within ninety days. No public comment was offered. Commissioner Webster made a motion to
delay referral of VI #2165 against Russell and Judith Miller to the County Attorney for legal action
for ninety days to allow the property owners time to either sell the property or bring it into
compliance. The motion was seconded by Commissioner Baxter and carried unanimously.
VI #2167 - Mary Marez: Mr. Kramer reported this case has been closed.
VI #2169 - Lloyd and Margaret Prather: Mr. Kramer reported this case has been closed
VI #2170 - Richard and Nancy Marshall: Bruce Barker stated he received a phone call this
morning from Mr. Marshall who indicated an unavoidable conflict; therefore, he recommended this
case be continued to next month. No public comment was offered. Commissioner Baxter moved
to continue VI #2170 against Richard and Nancy Marshall to April 11, 1995, at 10:00 a.m. The
motion was seconded by Commissioner Harbert and carried unanimously.
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BCV #2154 - Andres and Maria Oliva and VI #2172 - Morris Reid do Doug Schell: Mr. Kramer
indicated Planning staff has received no response to the notices sent for either of these cases. The
property owners were neither present nor represented at this hearing. No public testimony was
offered for either case. Commissioner Harbert moved to refer both BCV #2154 and VI #2172 to
the County Attorney for legal action. Commissioner Kirkmeyer seconded the motion, which was
carried unanimously.
This Certification was approved on the 20th day of March, 1995.
APPROVED:
ATTEST:
Weld County Clerk to the Board
BY: S' 4 y )L 1 .A 0 0 Vv
Deputy Clerk(.,ko the Board
TAPE #95-10
RESO #950478 - 950484
PL0824
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Dale K. Hall, Chairma �ic�
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George'E. Baxter nI�L�/
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Constance L. Harbert
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W. H. Webster
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