HomeMy WebLinkAbout980809.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on May 12, 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- TARDY
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Carol Harding
County Attorney, Bruce Barker
Planning Department representative, Sharyn Frazer
Planning Department representative, 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 #9800011- DONALD HILGERS: Sharyn Frazer, Department of Planning Services, presented
the case report for the record and stated the property is in violation of Sections 31.2 and 31.3.9 of
the Weld County Zoning Ordinance. She explained on March 3, 1998, an auto repair shop was
operating in a detached garage on the property without an approved Special Review Permit, and
the vehicles parked on the property constituted a noncommercial junkyard. She stated a follow-up
inspection conducted on March 26, 1998, shows the commercial garage has been cleaned out, and
the auto repair sign has been removed; however, approximately 15 vehicles remain on the
property. Ms. Frazer stated she was not allowed on the property, therefore, she could not verify
whether the vehicles are licensed. (Let the record reflect Commissioner Baxter is now present.)
The Board viewed a video taken on May 11, 1998, showing numerous vehicles on the property and
wooden pallets which are not screened from roadways. Donald Hilger, property owner, was neither
present nor represented. Commissioner Hall moved to refer VI #9800011 against Donald Hilgers
to the County Attorney for legal action. The motion was seconded by Commissioner Baxter, and
it carried unanimously.
VI #9800025 - LESTER AND ANGELA LAMB: Ms. Frazer presented the case file for the record
stating the noncommercial junkyard contains corrugated tin which poses a threat to the children
in the neighborhood. She also stated the mobile home on the property appears to have been
abandoned and described efforts of the neighbors to clean up the front yard. Ms. Frazer has been
in touch with Hill 'N Park to see whether covenants exist which require the property be cleaned up;
however, she explained she cannot find the property owner. Bruce Barker, County Attorney,
980809
PL0824
Cc PL
HEARING CERTIFICATION - ZONING VIOLATIONS
May 12, 1998
PAGE 2
indicated an individual could be hired to do a skip trace and recommended referring the violation
to his office. Commissioner Kirkmeyer moved to refer VI #9800025 against Lester and Angela
Lamb to the County Attorney for legal action. The motion was seconded by Commissioner Hall, and
it carried unanimously.
VI #9800050 - JOHN AND LAURA UNDERHILL, JUDY RIDER, MARIA LARA, DESRI STOLZ
AND MICHAEL MURRAY: Ms. Frazer presented the case file for the record and briefly stated
John and Laura Underhill, property owners, apparently split Lot B of Recorded Exemption #1899
into three illegal lots, two of which were conveyed to Maria Lara and Desri Stolz and Michael
Murray. Todd Hodges, Department of Planning Services, stated Recorded Exemption #1899 was
approved in 1996, after which Lot B was split into three ten-acre parcels. He stated the only
remedies available are to put the ten-acre parcels on Lot B back into one or to pursue and split
through the subdivision process. Responding to Commissioner Harbert, Mr. Hodges explained
state statute does not allow parcels of less than 35 acres to be subdivided, and the Weld County
Subdivision Ordinance requires either the recorded exemption or subdivision process be followed.
John Underhill, property owner, stated the previous owner of the 40-acre parcel obtained the
Recorded Exemption in 1996. Mr. Underhill purchased the property at that time and listed the land
for sale. He conveyed the property to Michelle Weber who obtained the Recorded Exemption. She
then conveyed 30 acres back to Mr. Underhill and retained an option on one of the ten-acre
parcels. Mr. Underhill sold the second ten-acre parcel to Gabino Lara, along with and adjacent 40-
acre parcel, and the third ten-acre parcel to Desri Stolz and Michael Murray. Mr. Underhill further
explained he offered to buy back ten acres from Mr. Lara and stated he disclosed to Mr. Lara that
the property was zoned agricultural and was a non-buildable lot.
Responding to Commissioner Baxter, Mr. Hodges clarified as of August 30, 1996, Lot B consisted
of 30.12 acres. Of that parcel, Ms. Stoltz built a residence on a ten-acre parcel which she had
purchased, and Ms. Weber applied for, and obtained a Recorded Exemption as the sole owner for
30 acres. Mr. Underhill said Ms. Weber wanted to purchase 18.5 acres and, could obtain financing
for the 8.5 acres easily; however, having the other ten acres on the contract did not allow her to
qualify for financing.
Mr. Hodges clarified for Commissioner Kirkmeyer that there were previously two 40-acre parcels
which were legal, but not buildable; however, the Recorded Exemption created two buildable lots.
He further explained the Recorded Exemption for the 30-acre parcel was applied for and approved
with Ms. Weber being the sole owner; however, staff does not have information to show how much
was returned to Underhill. Mr. Hodges stated approximately egiht acres belong to Ms. Weber, ten
acres were conveyed to Ms. Stoltz, ten acres were apparently returned to Mr. Underhill, and ten
acres were conveyed to Mr. Lara as a non-buildable lot. Responding to Commissioner Harbert,
Mr. Underhill stated Judy Rider is the Real Estate Agent who processed the sales.
After further discussion, Mr. Hodges reiterated for Commissioner Baxter that of the initial 40-acre
parcel, ten acres became Lot A and 30 acres became Lot B, creating two buildable lots. Then the
980809
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
May 12, 1998
PAGE 3
30 acres in Lot B were illegally split into three ten-acre parcels. He further explained the split could
have been achieved through a lot line adjustment. Responding to Chair Harbert, Mr. Hodges
stated the recommended remedy is to put the parcels back together as they were established by
the Recorded Exemption; then the two existing houses would be legal, one on each lot.
Mr. Barker explained the violation occurred through the act of splitting the property; and that act
is a criminal violation of state statute when the parcel is less than 35 acres. He further explained
the remedy must be kept separate from the property split and must involve the new owners. He
recommended the Board determine first whether there was an illegal land split and second,
whether to pursue this as a criminal or civil matter. Mr. Underhill stated his is willing to do whatever
is necessary to get this back together, including selling the property at a reduced price to either
party. Commissioner Kirkmeyer clarified that 38 acres were sold to Ms. Weber who then conveyed
the parcel back to Mr. Underhill by Quit Claim Deed. Therefore, of the 40, Ms. Weber owns 8.5,
Stoltz owns ten, Mr. Underhill owns ten, and Mr. Lara owns ten.
Desri Stoltz, who purchased ten acres from Mr. Underhill, stated all paperwork was completed
through Judy Rider, against who she has filed a complaint with the Real Estate Commission. Ms.
Stoltz stated she inquired about purchasing ten acres or less. Ms. Rider told her Lot B was
buildable and obtained the Recorded Exemption. Ms. Stoltz further stated she has put $190,000
into this venture and she has paperwork to prove both Ms. Rider and Mr. Underhill knew this was
an illegal split. Ms. Stoltz also explained she wanted a ten-acre parcel, she made an offer on it and
the offer was accepted. Ms. Rider then assisted Ms. Stoltz in getting her building permit and the
deal was not closed until the permit was issued. Ms. Stoltz questioned whether the deeding
between Ms. Weber and Mr. Underhill was legal since it was only for the purpose of obtaining the
Recorded Exemption, and that was why she refused to close until after the building permit was
issued. Ms. Stoltz stated her closing was with Mr. Underhill, who later contacted her to purchase
another ten acres. She explained she owns ten acres of the 30, ten acres were conveyed to Lara,
and ten acres are being held by an option to purchase with another individual. Ms. Stoltz
adamantly urged the Board to proceed with this violation.
Responding to Commissioner Baxter and Chair Harbert, Mr. Barker reiterated there are two
separate issues; the criminal portion of the case would need to be referred to the District Attorney,
and the other portion of the case would need to be referred to him for investigation into possible
recourse or remedy. He discussed the options Ms. Stoltz has for a civil case and stated her
involvement or position when the illegal split occurred will determine the remedy. Mr. Barker
clarified for Commissioner Kirkmeyer that while the criminal portion is referred to the District
Attorney, civil recourse could also be pursued; however, the first action should be to refer the
criminal portion and the second action of finding a remedy should only occur after the District
Attorney decides whether to prosecute. Mr. Barker reiterated the violation involves the illegal split
only and stated the remedy can come back before the Board through a land-use process.
Responding to Commissioner Kirkmeyer, Mr. Hodges, stated this could be done through a
non-urban PUD or Minor Subdivision; however, the Recorded Exemption process would not work
because of the ten-year limitation. He also stated all three owners would have to be co-applicants
and would need to agree to the process being pursued. Mr. Hodges further stated staff has no
980809
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
May 12, 1998
PAGE 4
evidence of Ms. Weber's part in an illegal transaction, only that Ms. Weber sold 30.8 acres to Ms.
Stoltz. After further discussion, Commissioner Hall moved to refer the civil portion of VI #9800050
to the County Attorney with instructions to assist in reaching an equitable remedy, and to refer the
criminal portion of said violation to the District Attorney. The motion was seconded by
Commissioner Webster, and it carried unanimously.
This Certification was approved on the 18th day of May, 1998.
APPROVED:
ATTEST: I Ea � 4� �/ BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
Weld Cou t re
1 °� 1 Constance L. Harb rt, Chair
BY: �� � h..• rF:`1' l���
Deputy '�
P Y CI �= � �r.
W. H. ebster, Pro-Tem
TAPE #98-11 c
eor . Baxter
Dale K. Hall
,
43_4nv1 \ j ci/t7�.
arbara J. Kirkmeyer 1
980809
PL0824
Hello