HomeMy WebLinkAbout971296.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on July 8, 1997, at 10:15 a.m., with the following present:
George E. Baxter, Chair
Constance L. Harbert, Pro-Tem
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, Gloria Dunn
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 #9600316 - Richard and Elizabeth Wilson: Bruce Barker, County Attorney, stated the property
owners' attorney, Thomas Hellerich, notified staff in a letter dated June 24, 1997, he would be
unable to appear on behalf of the Wilsons at today's violation hearing. Mr. Barker stated Mr.
Hellerich communicated to him his agreement that this case be referred directly to the County
Attorney's office and a meeting be scheduled among Mr. Hellerich, his clients, and staff to discuss
the violation case and further action as necessary. He then requested the Board refer this case
directly to his office to proceed with legal action. He indicated he has spoken with those individuals
who attended today's hearing anticipating an opportunity for public input regarding this case, and
asked that they meet with Department of Planning Services staff regarding their concerns.
VI #97000333 - Fred A. Rogers: Julie Chester, Department of Planning Services, reviewed the
case for the record, indicating the noncommercial junkyard on the property is a violation of Sections
31.2 and 31.3.9 of the Weld County Zoning Ordinance. She stated this property includes Lots 1,
2, and 3 of Block 3, Johnstown Subdivision, and, although progress has been made, a considerable
amount of junk material remains, primarily on Lots 1 and 2. Jodie Krause, the property owner's
stepdaughter, was present and represented the property owner. She stated the notice from the
Department of Planning Services indicated only Lot 1 was in violation, therefore, they concentrated
on getting that lot cleaned up. Ms. Krause stated both her mother and stepfather are in seriously
ill health and she and other family members are doing the cleanup work after work and on
971296
Pt
PL0824
RE: HEARING CERTIFICATION - ZONING VIOLATIONs
PAGE 2
weekends. She stated her stepfather wishes to keep some of the antique items on the property
and requested clarification on what had to be removed to bring the property into compliance,
reiterating she would have been working on the other lot had it been listed in the violation notice.
Responding to Chair Baxter, Ms. Chester clarified that she did not realize Lots 2 and 3 were
included in the property until she reviewed a copy of the deed. She indicated Fred Rogers, the
property owner, agreed to include Lots 2 and 3 in this violation case rather that initiate a new
violation. Ms. Chester also stated Mr. Rogers indicated a fence for screening was too costly and
it would be better to remove the noncommercial junkyard from the subject property. Ms. Krause
requested documentation from the Zoning Ordinance regarding what is considered junk to assist
their cleanup efforts. Ms. Chester responded that an option would be to erect a partial fence to
screen those items Mr. Rogers wishes to keep. Responding to the Board, Ms. Krause indicated
that they would need a substantial amount of time, depending upon what had to be removed from
the property. Ms. Chester recommended a delay of action for six months and verified that cleanup
of Lot 1 was not complete and circumstances justified an extended amount of time for compliance.
Mr. Barker verified with Ms. Krause that she is willing to address the violations on Lots 2 and 3 in
that current violation case. Commissioner Harbert stated she is hesitant about allowing such an
extended period of time for compliance. No further public comment was offered. Commissioner
Hall moved to refer VI #9700033 against Fred A. Rogers to the Weld County Attorney's office with
a delay of all actions for six months to allow adequate time to complete the cleanup of Lots 1, 2,
and 3 and to bring the subject property into compliance. The motion, seconded by Commissioner
Kirkmeyer, carried unanimously.
VI #9700050 - Merinda Deutcher: Ms. Chester reviewed the case for the record and explained
the initial complaint involved this and several other properties in the Knaus Subdivision. She further
explained the initial complaint involved derelict vehicles and upon inspection the property owner
indicated she ran her excavation business from the subject property. Ms. Chester stated
considerable cleanup has been done and fencing is being installed as screening; however, the
subdivision is zoned R-1 which does not allow a commercial business on the property. Ms. Chester
indicated she made a video tape of the property July 7, 1997; however, requested the Board view
a video submitted by the property owner, marked as Exhibit A for the record, which better shows
the screening and well -maintained grounds on the property. The Board agreed and viewed the
video of the subject property submitted by Merinda Deutcher. Gloria Dunn, Department of Planning
Services, stated she met with the property owner and Ms. Chester in an effort to work out a method
of compliance. She indicated a Change of Zone and Special Use Permit were discussed and
verified the R-1 Zone District allows an office in the residence. Chair Baxter verified the violation
was that equipment is being stored on the property and employees occasionally come onto the
property. Mrs. Deutcher was present and stated she has lived on the property nine years and runs
a small utility trenching business. She explained that when they bought the property Mr. Knaus
allowed the equipment and she has had no complaints from any neighbors. She then submitted
a letter of support signed by 28 neighbors, marked as Exhibit B for the record. She further
explained Sheep Draw runs behind her property; therefore she has no neighbors to the south and
971296
PL0824
RE: HEARING CERTIFICATION - ZONING VIOLATIONs
PAGE 3
submitted a sketch of the neighborhood, marked Exhibit C for the record. Mrs. Deutcher stated
she has removed over three tons of scrap metal, done considerable general cleanup on the
property, and is erecting a screening fence. She indicated businesses are being operated from
other properties in the subdivision and reiterated the neighbors in the subdivision have no problem
with it. Mrs. Deutcher stated her husband died a year ago, and she wants to stay on the property
and cannot afford to relocate at this time. Commissioner Hall stated the Zoning Ordinance dictates
allowable uses for property zoned R-1 and, if equipment is not stored on the property and
employees do not work on the property, he does not consider it a commercial business on the
property. Mrs. Deutcher verified she has two trenchers, a small backhoe, and two other small
tractors. Responding to the Board, Ms. Chester verified that once the fence is finished, it will
adequately screen what material remains on the property. No further public comment was offered.
Commissioner Harbert moved to refer VI #9700050 against Merinda Deutcher to the County
Attorney, with a delay of all action for six months to allow adequate time for the property owner to
complete screening and relocate the business -related equipment. Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
VI #9700090 - Jan and Barbara Butler: Ms. Chester reviewed the case file for the record and
stated the noncommercial junkyard on the subject property is a violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. She further explained the property is zoned
Agricultural and at the July 7, 1997, inspection all derelict vehicles had been removed, however,
a large amount of used building material remains on the property. Ms. Chester stated she has
talked with the property owners' son, Joseph Butler, who will be responsible for the remaining
cleanup. The Board declined to view a video tape of the property taken by Ms. Chester during the
last inspection. Joseph Butler, representing the property owners, was present and stated he has
started to move the used materials and restack the wood, which he will use for firewood.
Responding to Chair Baxter, Mr. Butler confirmed 60 days would be sufficient time to complete the
cleanup. No further public comment was offered. Motion was made by Commissioner Harbert to
refer VI #9700090 against Jan and Barbara Butler to the County Attorney for legal action, with a
delay of any action for 60 days to allow adequate time to bring the property into compliance.
Commissioner Webster seconded the motion, which carried unanimously.
VI #9700049 - Sheryl L. Yackey: Mr. Barker reported this case closed.
VI #9700069 - Bonnie M. Rogers: Mr. Barker reported this case closed.
VI #9700047 - Russell Sweet: Ms. Chester stated the initial complaint in this case was an
unpermitted mobile home being stored on the subject property; however, upon receiving the five-
day notice from staff, the property owner immediately removed the mobile home. Ms. Chester
further explained that upon her second inspection of the property, she noted several vehicles on
the property. She stated the Russell Sweet, subject property owner, told her the cars belonged to
someone else and they would be removed within one week. Because of his cooperation, Ms.
971296
PL0824
RE: HEARING CERTIFICATION - ZONING VIOLATIONs
PAGE 4
BY:
Chester recommended the Board refer this case to the County Attorney and delay action for 30
days. The subject property owner was neither present nor represented at today's hearing. No
public comment was offered. Commissioner Harbert moved to refer VI #9700041 against Russell
Sweet to the County Attorney for legal action and delay said action for 30 days to allow adequate
time for the property owner to bring the property into compliance. The motion was seconded by
Commissioner Hall and carried unanimously.
VI #9700055 - David and Robin Verdeck, Verna Kromminga: Ms. Chester reviewed the case
for the record and stated this is one of the properties cited in the Knaus Subdivision. She further
explained the noncommercial junkyard on this property consisted of demolition derby cars and
other derelict vehicles. Ms. Chester reported that as of July 7, 1997, inspection only one vehicle
remained which is operable, but not licensed. She recommended a one -week delay of action to
allow the owner time to license the vehicle. The property owner was neither present nor
represented. No public comment was offered. Commissioner Hall moved to refer VI #9700055
against David and Robin Verdeck and Verna Kromminga to the County Attorney for legal action
and delay such action for seven days to allow adequate time to license the remaining vehicle. The
motion was seconded by Commissioner Kirkmeyer and carried unanimously.
This Certification was approved on the 14th day of July, 1997.
APPROVED:
A`r sia °" ,.e. c BOARD OF COUNTY COMMISSIONERS
WELD UNTY, 9RADO
eorge . Baxter, Chair
eputy Jerk to t e Board
TAPE #97-18
RESO #971297 - #971302
EXCUSED DATE OF APPROVAL
onstance L. Harbe Pro- ;-m
Dale K. Hall
EXCUSED DATE OF A
Barbara J. Kirkmem
PROVAL
971296
PL0824
Hello