HomeMy WebLinkAbout951383.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on July 11, 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 - EXCUSED
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
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
Zoning Ordinance. Cases were heard as follows.
VI #2186 - Fraulena M. Shaw and Anthony and Patricia L. Digiallonardo: Julie Chester,
Department of Planning Services, presented the case report for the record. She stated the
noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance, and the junkyard must be removed from the property or properly screened to correct
the violation. Ms. Chester indicated the property owner, Fraulena Shaw, is elderly and lives at the
residence, and Mrs. Shaw's niece has started the cleanup; however, at the last inspection,
miscellaneous junk and building material were still piled around and the derelict vehicle was still
on the property. Toni Digiallonardo, the property owner's niece and representative, was present
and stated the family has used the property for storage for years and has contacted family
members who are slowly removing the junk. She indicated she has arranged for a trash hauling
company to remove most of the junk this Saturday. Ms. Digiallonardo stated the owner of the
vehicle may be reluctant to move it; however, she will talk with him. Commissioner Harbert asked
if sixty days would be adequate time to bring the property into compliance. Ms. Digiallondardo
affirmed that should be sufficient time. Commissioner Webster moved to delay referral of VI #2186
against Fraulena M. Shaw and Anthony and Patricia Digiallonardo to the County Attorney for legal
action for sixty days to allow the property owners to finish removing the junk and derelict vehicle.
The motion was seconded by Commissioner Harbert. The Board clarified Ms. Digiallonardo should
contact County Attorney Bruce Barker if she sees the cleanup is as not going to be accomplished
within sixty days. No public comment was offered. The motion carried unanimously.
VI #2182 - Alfred Irwin: Ms. Chester presented the case report for the record and indicated the
derelict vehicles constitute a noncommercial junkyard, which is a violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. The property owner must remove the vehicles or
properly screen the property to correct the violations. Ms. Chester stated her initial inspection
found ten derelict vehicles on the property and, as of July 10, 1995, only one was left. Alfred Irwin
was present and represented by his nehew, Gary Johnson. Mr. Johnson indicated he is the taking
care of the property since his uncle recently suffered a stroke and is currently living in a health care
facility. He stated if he cannot repair and license the vehicle within thirty days, he will personally
tow it off the property. No public comment was made. Commissioner Harbert moved to delay
referral to the County Attorney for legal action of VI #2182 against Alfred Irwin for thirty days to
allow the property owner's representative to repair and license the derelict vehicle or remove it from
the property. The motion was seconded by Commissioner Webster and carried unanimously.
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RE: HEARING CERTIFICATION - ZONING VIOLATIONS
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VI #2184 - Elena Hernandez: Bruce Barker, County Attorney, stated for the record the property
owner, Elena Hernandez, was not present or represented, but has requested a sixty-day extension.
Ms. Chester reviewed the case file and indicated the used building materials, trash, piled tree
branches, old appliances and two non -operable vehicles are still on the property. She stated Mrs.
Hernandez is elderly and has three sons only one of which, Ramone, is willing to help her clean
up the property. No public input was offered. Commissioner Webster moved to delay referral of
VI #2184 against Elena Hernandez to the County Attorney for legal action for sixty days to allow
the property owner time to remove the noncommercial junkyard from the property. Commissioner
Harbert seconded the motion, which carried unanimously.
VI #2183 - Norman Nakamoto: Ms. Chester reported this case closed.
VI #2185 - Jacquelin Riley: Ms. Chester reported this case closed.
This Certification was approved on the 17th day of July, 1995.
APPROVED:
Clerk to the Board
Deputy Cler the Board
TAPE #95-24
RESO #951384 - 951386
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLOF;ADO
Dale K. Hall, Chairman
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Barbara J. Kirkmeyer, Pro-Tem
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George E. Baxter
Constance L. Harbert
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