HomeMy WebLinkAbout982390.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on December 8, 1998, at 10:00 a.m., with the following
present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tern
Commissioner George E. Baxter - EXCUSED
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer - EXCUSED
Also present:
Acting Clerk to the Board, Jean Gillingham
County Attorney, Bruce Barker
Planning Department representative, Sharyn Frazer
Planning Department representative, Scott Ballstadt
Building Inspections representative, David Sprague
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 #9800063 - CHARLES AND RENEE OTTINGER: Sharyn Frazer, Department of Planning
Services, presented the case report for the record and stated the property is in violation of
Sections 30.5.2 of the Weld County Building Code Ordinance. Ms. Frazer said this case was
continued from the October 13, 1998, and since that time, contact has been made with the
Ottingers. The Department of Planning Services is recommending a continuance until
January 12, 1999, at 10:00 a.m. Ms. Frazer added the Ottinger's have begun to schedule
inspections and should be completed by the end of December, 1998.
Commissioner Webster moved to continue VI #9800063 until January 12, 1999 to allow
adequate time for scheduled inspections to be made by staff. The motion was seconded by
Commissioner Hall, and it carried unanimously.
VI #9800197 - PATRICK AND SHELLY CRAIG: Ms. Frazer presented the case report for the
record and stated the property is in violation of the Weld County Zoning Ordinance by operating
a exotic animal refuge without an Use By Special Request Permit (USR). Ms. Frazer stated the
lack of a USR was discovered when Mr. Craig applied for a Zoning Permit for a Mobile Home
and a Recorded Exemption.
Patrick and Shelly Craig, property owners, were present at the hearing. Mr. Craig presented an
article written by the Division of Wildlife about the center and letters of recommendation from
neighbors (Exhibit A). Mr. Craig further stated the wildlife center has been in operation at the
Weld County location for the past six years and is licensed as a zoo by the State of Colorado,
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HEARING CERTIFICATION - ZONING VIOLATIONS
December 8, 1998
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is willing to complete the USR process; however, being privately funded organization, the costs
of the Mobile Home Permit and Recorded Exemption process have drained his financial
reserves. In response to Chair Harbert, Mr. Craig could not recall the name of the Planner he
spoke with six years ago; however, he did speak with Chuck approximately six or eight months
later, after the property was purchased. In response to Commissioner Hall, Mr. Craig expected
the longest timeframe needed to complete the USR process would be twelve months.
Commissioner Hall moved to refer VI #9800197 against Patrick and Shelly Craig to the County
Attorney for legal action, with the instruction to delay action upon such referral until December 8,
1999, to allow adequate time for the property to be brought into compliance. The motion was
seconded by Commissioner Webster, and it carried unanimously.
VI #9800173 - ED AND DEANNE ZYRONSKI: Ms. Frazer presented the case report for the
record and stated the property is in violation of Section 31.2.1 of the Weld County Zoning
Ordinance. She explained this is Lot B of Recorded Exemption #2167, and the violation is the
result of an old bunkhouse which is being used as a residence by Velda Goodrich, the mother of
Mrs. Zyronski. Ms. Frazer explained the situation would fit the requirements of a medical
hardship; however, a stick-built building does not qualify as a temporary dwelling. Mr. Barker
clarified that Section 43.2.4 makes a clear distinction of a Mobile Home being the temporary
dwelling allowed for a medical hardship; however, he indicated the Board does maintain its
leeway in enforcing the Zoning Ordinance. David Sprague, Building Inspector, stated the
electrical problems have been taken care of except for the hookup to the house.
Ed and Deanne Zyronski, property owners, presented a letter stating Ms. Goodrich needs to
have close monitoring by family members. Ms. Zyronski stated the bunkhouse originally had a
gas stove in the living room which was removed and indicated a new source of heat needs to be
included in the residence, stating they plan to add a room for a furnace. Following discussion of
various options between staff and the Board, Chair Harbert verified with Ms. Zyronski the house
will not be used as a guest house or rental.
Mr. Barker stated Section 31.3.10 of the Zoning Ordinance regulates accessory uses, and
Section 43.2.4 addresses temporary use for medical hardship. He verified the Board may find
this use meets the intent of the temporary use for medical hardships, and that it would only be
allowed during the time Ms. Goodrich is living with the Zyronskis and the residence could not be
used as a guest house or rental.
Following discussion, Commissioner Hall moved to find this use meets the intent of Section
31.3.10 and 43.2.4 of the Zoning Ordinance; that the use may continue only so long as Ms.
Goodrich is living with Mr. and Ms. Zyronski, and only with an annual letter from a doctor
verifying the medical hardship exists; that such use shall cease upon either the cessation of Ms.
Goodrich's medical hardship or her moving to another residence; and that no living space may
be added; however, a Building Permit may be issued for an extension for a furnace room, and
said permit shall address the remaining electrical work necessary from the previous Building
Permit. Seconded by Commissioner Webster, the motion carried unanimously.
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VI #9800048 - JIM AND ROSIE OSTER: Ms. Frazer presented the case report for the record
and stated the property is in violation of the Weld County Zoning Ordinance by keeping a non-
commercial junkyard on his property. Ms. Frazer explained the violation was discovered after a
pasture fire burned out of control and the fire department was called. Ms. Frazer stated Mr.
Oster has provided receipts from Tire Mountain, Inc. for disposal of tires from the property, and
he has stated to her he is interested in bringing the property into compliance; however, due to
harvest, needs additional time.
Mr. Oster, property owner, was present at the hearing. Mr. Oster stated he is interested in
working with the Planning Department in bringing his property into compliance. In response to
Chair Harbert, Mr. Oster stated he would like an extension of a couple of weeks. Ms. Frazer
stated she felt there might be some confusion regarding what needs to be cleaned up and
agreed to meet with Mr. Oster to conduct an inspection.
Commissioner Webster moved to refer VI #9800048 against Jim and Rosie Oster to the County
Attorney for legal action, with the instruction to delay action upon such referral until March 8,
1999, to allow adequate time for the property to be brought into compliance. The motion was
seconded by Commissioner Hall, and it carried unanimously.
This Certification was approved on the 21ST day of December, 1998.
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APPROVED:
ATTEST: S'�� i Jl.4 y� BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk toe 4#rcy,n - 1 1
BY: gC/� �p �, Constance L. H9fbert, Chair �A
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Deputy Clerk to the /Ir.'', %,c11 C�
'? 7---7'eC W. H. Webster, Pro-Tem
TAPE #98-33 EXCUSED
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org�Baxter
Dale K. Hale
EXCUSED
Barbara J. Kirkmeyer
982390
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