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Home My WebLink About950050.tiffHEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE A public hearing was conducted on January 10, 1995, at 1:30 p.m., with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter - TARDY Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representatives, Barry Kramer and 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 #2143 - Larry and Stacy Ditter (cont. from 12/13194): Barry Kramer, Planning Department, explained, pursuant to the hearing held on December 13, 1994, Tom Hellerich, Larry and Stacy Ditter's attorney, submitted an application for a Special Review Permit to the Planning Department approximately one hour ago; however, incorrect fees were submitted due to the increase in the fee schedule, which was effective January 1, 1995. He noted an investigation fee is also required since the site is in violation. (Let the record reflect Commissioner Baxter is now present.) Todd Hodges, Planning Department, explained the change in the fees indicating the Permit fee is $1100 and 50 percent of said fee is required for the violation, totaling $1650. Mr. Kramer suggested the case be held for 90 days and closed if the correct fees are submitted. Stacy Differ, property owner, stated he is willing to submit the correct fees. Mr. Kramer confirmed the application was complete and the Permit could be processed within 60 to 90 days; however, the Permit must be approved to bring the property into compliance. After further discussion, Mr. Kramer stated a commercial business, Differ Excavation, is being operated from the property, which requires a Special Review Permit since it is in the Agricultural Zone District. Commissioner Kirkmeyer suggested rather than delaying action for 90 days, the case should be tied to approval of the Permit, and she moved to authorize the County Attorney to proceed with legal action if said Permit is denied. Commissioner Webster seconded the motion, which carried unanimously. Mr. Hodges clarified the total fee required would be $1650, and Bruce Barker, County Attorney, confirmed that is clarified by ordinance. The Ditters again confirmed they are willing to pay said fee. VI #2151 - Kenneth Carlson. Caroline McNamara. and Barbara Hungenberq: Mr. Kramer entered the case summary into the record and showed a video of the subject property including a noncommercial junkyard. He explained the property is jointly owned and Ken Carlson, joint property owner, previously resided in an R.V. on site. Mr. Kramer noted some clean up has been completed. Mr. Carlson explained he has been trying to clean up the property; however, due to the snow and ice, some of the materials are frozen in the ground. He requested the Board allow him until April to finalize the cleanup and clarified the semi truck needs plates, reiterating 90 days would be agreeable. William H. Southard, Attorney representing Caroline McNamara and Barbara Hungenberg who are also joint property owners, explained the interest in the property. He stated Mr. Carlson's materials are on the property by right and consist of normal farm accumulations. He also clarified the proceedings should not include his clients. After further comments from Mr. Southard concerning the strict zoning regulations, Commissioner Kirkmeyer moved to defer legal action until April 11, 1995, to allow Mr. Carlson to remove the materials and license the truck. Commissioner Baxter seconded the motion, which carried unanimously. 950050 PL0824 PC' PL , c4 ZONING VIOLATIONS PAGE 2 VI #2156 - Herman and Marie Olinger: This case was reported closed. VI #2154 - Raymond and Jane Murphy: This case was reported closed. VI #2160 - Richard and Elizabeth Donahue: Mr. Barker stated a letter was received concerning this case and should be heard later in the meeting since the property owners are not present. VI #2157 - John and Martha Griffith: This case was reported closed. VI #2161 - Dayle and Lee Ann Jackson: Mr. Kramer entered the case summary into the record and showed a video of the subject property including a noncommercial junkyard. Responding to questions from Commissioner Baxter, Mr. Kramer said, besides numerous vehicles and materials, there are also used appliances and trash on the property. He confirmed some materials had been removed from the property when he inspected it yesterday; however, all the vehicles are still on site. Dayle Jackson, property owner, explained he has been using the vehicles to store shot gun shells since he trap shoots; however, he has cleaned all the vehicles out and the shells are now stored under his house. He stated he intended to load the cars and sell them for scrap metal; however, his brother's pickup, which he was going to use to pull the trailer, is being repaired. Mr. Jackson stated he has been using his station wagon to haul off other materials, some was sold, and the rest can be loaded when the pickup is repaired. He requested 60 more days to bring his property into compliance. Commissioner Harbert moved to delay legal action until March 14, 1995, and Commissioner Baxter seconded the motion. The motion carried unanimously, and the Board answered further questions from Mr. Jackson. VI #2158 - Lou Ann Catencamo: Mr. Kramer entered the case summary into the record and showed a video of the subject property including a noncommercial junkyard and a mobile home without a permit. He noted he had received a letter indicating the owners are currently renting out the property; however, a lot of the materials belong to the owners. He stated the mobile home, which was used for storage, will be dismantled and hauled off. Lou Ann and Dennis Catencamp, property owners, confirmed they no longer live on the subject property; however, they have removed four vehicles and are dismantling the trailer, which has only one room left. They explained the car in front of the garage needs a motor and their son-in-law should have that completed in 30 to 60 days. They stated the pile of lumber has been sold to a man for firewood. Mr. Kramer stated auto parts and scraps must also be removed and suggested the Catencamps contact him for a reinspection when they think it is in compliance. Further discussion ensued concerning the unlicensed vehicle, and the Catencamps noted they have hauled 18 loads of material off the property. Commissioner Harbert moved to delay legal action until March 14, 1995, and Commissioner Kirkmeyer seconded the motion, which carried unanimously. VI #2160 - Richard and Elizabeth Donahue: Mr. Kramer stated he received a screening plan on January 6, 1995, and it was approved by staff this morning. Said letter indicated the screening should be completed by April; however, there are numerous derelict vehicles on site and the area to be screened is very large. Commissioner Kirkmeyer moved to delay legal action until April 11, 1995, and Commissioner Webster seconded the motion, which carried unanimously. Mr. Kramer confirmed the following cases were closed: VI #2156 - Herman and Marie Olinger; VI #2154 - Raymond and Jane Murphy; and VI #2157 - John and Martha Griffith. 950050 PL0824 ZONING VIOLATIONS PAGE 3 This Certification was approved on the 16th day of January, 1995. APPROVED: BOARD OF COUNTY COMMISSIONERS dmien LD COUNTY LOfjADO Dale K. Hall, Chairman Weld County Clerk to the Board BY 4 t r -le Deputy Clerk to the Board TAPE #95-01 RESO #950050 - #950054 PL0824 IGeorg 72 FXCI ISFII IIATF CF APPRCVAI Barb r J. Kirkmeyer„Pro-Tem NV E. Baxter Constance L. Harbert W. I-1. Webster 950050 PL0824 Hello