HomeMy WebLinkAbout972231HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on November 18, 1997, at 10:00 a.m., with the following present:
George E. Baxter, Chair
Constance L. Harbert, Pro -Tern
Dale K. Hall
Barbara J. Kirkmeyer
W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Julie Chester
Planning Department representative, Todd Hodges
Planning Department representative, Dave 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 Building Code and Zoning Ordinances. Cases were heard as follows.
VI #9700091 - Fred Arens, Jr., Living Trust: Julie Chester, Department of Planning Services,
reviewed the case file for the record and indicated the noncommercial junkyard remaining on the
subject property is a violation of Section 31.2 and 31.3.9 of the Weld County Zoning Ordinance.
She showed a video of the property taken November 17, 1997, and stated considerable work has
been done; however, the remaining miscellaneous junk materials must be removed or screened
from adjacent properties and public rights -of -way. Responding to Commissioner Harbert, Ms.
Chester stated she has discussed either screening or licensing the derelict vehicles they wish to
keep with Fred Arens, Jr.. and his son, Richard. Mr. Arens and Richard Arens were present and,
in response to Chair Baxter, verified they understand what must be done to bring the property into
compliance. Richard Arens requested a delay of 90 days since they are in the middle of corn
harvest. No further public comment was offered. Commissioner Kirkmeyer moved to refer
VI #9700091 against the Fred Arens, Jr., Living Trust to the County Attorney and delay any legal
action for 90 days to allow sufficient time to bring the subject property into compliance. The motion
was seconded by Commissioner Webster and carried unanimously. Commissioner Harbert
reiterated that legal action will be taken if the violations are not corrected within the 90 days.
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VI #9700120 - Vern Robinson and Teresa Anderson: Ms. Chester reviewed the case file for the
record and stated the initial compliant was that people were living in campers on the property.
Upon her initial inspection on July 28, 1997, she found two RVs being lived in and two unpermitted
mobile homes on the property in violation of Sections 31.2, 31.2.1, 31.2.16, and 43 of the Weld
County Zoning Ordinance and Section 70 of the Weld County Building Code Ordinance. Ms.
Chester indicated she talked with Vern Robinson on September 10, 1997, and he agreed to apply
for a building permit and remove the second mobile home from the property or obtain a permit to
use it as an accessory storage structure; however, as of October 10, 1997, no action had been
taken by the property owners. She stated she talked with Teresa Anderson during her inspection
on November 17, 1997, and Ms. Anderson indicated they have purchased a manufactured home
and will remove the mobile homes from the property. Ms. Chester further stated the property
owners have already applied and paid for a building permit for one of the mobile homes; however,
it has not been issued and staff agreed to swap out that permit for one on the manufactured home.
Commissioner Harbert reminded staff that if the mobile homes are livable, the Housing Authority
may be able to purchase them. Todd Hodges, Department of Planning Services, verified the
building permit can be used for the manufactured home. Commissioner Webster questioned
whether 30 days would be adequate time to correct the violation, and Commissioner Hall confirmed
that with the issuance of a building permit and the removal of one mobile home, the property would
be in compliance. Vern Robinson, property owner, was present and stated the financing of the
manufactured home is in process and requested six months to move the remaining mobile off the
property and complete the foundation for the manufactured home. Mr. Hodges stated staff
recommended no specific time frame and the property owner need only remove the one mobile
home to satisfy this violation. Mr. Robinson verified that he can have the second mobile home
removed within 30 days. No further public comment was made. Commissioner Harbert moved to
refer VI #9700120 against Vern Robinson and Teresa Anderson to the County Attorney and delay
any legal action for 30 days to allow the property owners adequate time to remove the second
mobile home. The motion was seconded by Commissioner Kirkmeyer and carried unanimously.
VI #9700157 - David A. And Phyllis I. Freyta: Ms. Chester reviewed the case file for the record
and stated the noncommercial junkyard on this property consists of derelict vehicles and other
miscellaneous material which is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. She further explained there is fencing which would be adequate for screening on the
east and north side of the property and the owners plan to complete the fence. Ms. Chester
indicated only one derelict vehicle is left and it must be placed behind the screening or removed
to bring the property into compliance. During discussion, the Board agreed current ground
conditions should not prevent the property owners from finishing the rest of the fence. Donna
Campos, representing the property, stated her daughter, Phyllis Freyta, could not get the time off
work to attend this hearing and asked that she inform the Board they should have the remaining
derelict vehicle moved off the property today. She also requested at least 30 days to finish building
the fence. No further public comment was offered. Chair Baxter verified that 30 days would be
adequate time for the property owners to complete the fence. Commissioner Hall moved to refer
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VI #9700157 against David A. and Phyllis I. Freyta to the County Attorney and to delay any legal
action for 30 days to allow sufficient time for the property owners to complete the fencing and bring
the property into compliance. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
VI #9700161 - George and Cinthia Beaman: Ms. Chester reviewed the case file for the record
indicating there appears to be a commercial business on the property, Building Permit BP -45586
has expired, and there is a noncommercial junkyard on the property outside a screened area in
violation of Sections 31.2, 31.3, 31.3.9, 31.4, and 31.4.18 of the Weld County Zoning Ordinance
and Sections 30.5.2, 40.5.2, 50.5.3, and 60.5.2 of the Weld County Building Code Ordinance. She
further explained no inspections have been called for on the addition to the mobile home and
indicated since finances are tight right now for the property owners, staff has offered to accept
payments on the building permit which is $77, however, the permit will not be issued until the full
amount is received. Ms. Chester reported this property has previous violations regarding the
noncommercial junkyard and it appears the junk is regularly removed and replaced and not kept
within a screened area already on the property. She clarified that after speaking with Mrs. Beaman
on Monday, there is no commercial business being operated on the property. She further
explained that the property owners buy derelict vehicles and take them to Denver to salvage out
and staff determined that no Special Use Permit is required since no employees come or go from
the property and no business is actually taking place there. Ms. Chester stated the property
owners can leave the pile of building material being used for the addition outside the screened area
as long as they have a valid building permit. Cinthia Beaman, property owner, was present and
indicated she and her husband understand what is required to take care of this violation.
Responding to Commissioner Harbert, Mrs. Beaman stated that it would take up to three weeks
to move the noncommercial junkyard behind screening and they could apply for the building permit
by December 1, 1997. She further stated her husband has been ill, but they should be able to
resolve the violations in 30 days. During further discussion, Commissioner Kirkmeyer requested
and received assurance from staff that leniency would be shown in collecting the building permit
fee since the holiday season is here. No further public comment was offered. Commissioner
Kirkmeyer moved to refer VI #97010161 against George and Cinthia Beaman to the County
Attorney and delay any legal action for 30 days to allow adequate time for the property owners to
obtain appropriate permits and bring the subject property into compliance. The motion was
seconded by Commissioner Webster and carried unanimously.
VI #9700121 - Paul and Lauren Thompson: Ms. Chester reviewed the case history for the record
and stated the noncommercial junkyard consisting of derelict vehicles on the subject property is
a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She reported she
met with Paul Thompson, subject property owner, on November 14, 1997, at which time he
indicated he wanted to keep the cars and would build a fence to screen them. He also indicated
he would be on the road and would send his sister to this hearing with the screening plan. The
property owners were neither present nor represented at this hearing. Ms. Chester stated that
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since the property owner's sister is not present today and she would like to follow up on the
screening plan. No public comment was offered. Commissioner Kirkmeyer moved refer VI
#9700121 against Paul and Lauren Thompson to the County Attorney and delay any legal action
for two weeks to allow staff to follow up on the matter. The motion was seconded by Commissioner
Webster and carried unanimously.
VI #9700135 - Jackie R. Webb: Ms. Chester reviewed the case file for the record and stated the
noncommercial junkyard consisting of derelict vehicles and the use of campers (RVs) as temporary
housing on the subject property are violations of Section 31.2, 31.2.1, 31.2.16, 31.3.9, and 43 of
the Weld County Zoning Ordinance. Ms. Chester indicated that it appears people are definitely
living in the RVs. She explained the property owner lives in Denver and she has had no response
to any notices sent; therefore, recommended referral for legal action. The property owner was not
present or represented at this hearing and no public comment was offered. A motion was made
by Commissioner Webster and seconded by Commissioner Kirkmeyer to refer VI #9700135 against
Jackie R. Webb to the County Attorney for legal action. The motion carried unanimously.
VI #9700143 - Nadine Langley: Ms. Chester reviewed the case file for the record and stated the
noncommercial junkyard consisting of derelict vehicles, appliances and miscellaneous debris is a
violation of Sections 31.2, 41.2.1, 31.2.16, 31.3, 31.2.9, and 43 of the Weld County Zoning
Ordinance and the nonpermitted mobile home located on the property which is apparently being
lived in is in violation of Section 70 of the Weld County Building Code Ordinance. Ms. Chester
further stated this property has had previous violations and she has not been allowed on the
property for inspections. She also advised the Board and County Attorney Bruce Barker that Dixie
Willard, the property owner's daughter, is still living on the property. Ms. Chester reported staff has
received no response to notices sent to the property owner. The property owner was not present
or represented at this hearing and no public comment was made. Responding to staff, Mr. Barker
indicated Mrs. Langley would be served within one week and Ms. Willard would be notified. He
continued that if Ms. Willard does not respond, she will be added as a respondent to the violation
case. Commissioner Hall moved to refer VI #9700143 against Nadine Langley to the County
Attorney for legal action. The motion was seconded by Commissioner Kirkmeyer and carried
unanimously.
VI #9700159 - Manuel Garcia: Ms. Chester reviewed the case file for the record and stated this
unpermitted mobile home is in violation of Sections 31.2, 31.2.16, and 43 of the Weld County
Zoning Ordinance and Section 70 of the Weld County Building Code Ordinance. She further
explained the no one is living in the mobile home, it is sitting on blocks, and not tied down. Ms.
Chester indicated she has had no response from the property owner. The property owner was
neither present nor represented at this hearing and no public comment was offered. Commissioner
Hall moved to refer VI #97010159 against Manuel Garcia to the County Attorney for legal action.
Commissioner Harbert seconded the motion, which carried unanimously.
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ATTEST:
1f,
_1Ca
Weld Co
BY:
Deputy
TAPE #97-30
RESO #972417, 972419 - #972421
#972423 - 972426
RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS
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Ms. Chester notified the Board the violation hearings for December 1997, have been canceled.
This Certification was approved on the 24th day of November, 1997.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELDFOUNTY, COL DO
arbara J. Kirkmeyec
W. H. 1Mebster
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