HomeMy WebLinkAbout990840.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on April 13, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jean Gillingham
County Attorney, Bruce Barker
Director of Planning Services, Monica Daniels-Mika
Planning Department representative, Sharyn Frazer
Building Inspections Department representative, David Sprague
Planning Department representative, Julie Chester
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 #9900004 - STANLEY HILLER: Sharyn Frazer, Department of Planning Services, presented
the case report for the record and stated the property is in violation of the Weld County Zoning
Ordinance. Ms. Frazer stated the property owner is making an effort to correct the violation and
would like to recommend a 30-day extension.
Stanley Hiller, property owner, was present at the hearing. Mr. Hiller voiced concerns regarding
the violation process. Responding to Commissioners Hall and Baxter, Mr. Hiller stated he could
bring his property into compliance in 30 days.
Commissioner Baxter moved to refer VI # 9900004 against Stanley Hiller to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 13,
1999, to allow adequate time for the property to be brought into compliance. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
VI #9600054 - DAVID WAGY: Ms. Frazer presented the case report for the record and stated
the property is in violation of the Weld County Zoning and Building Ordinances. In response to
Chair Hall, Ms. Frazer stated in order to bring the property into compliance, Mr. Wagy could
either continue with the PUD process, or convert the Tri-Plex structure back to a single family
dwelling. Responding to Commissioner Baxter, Julie Chester, Department of Planning
Services, stated she has been working with the property owner and their representative with
regards to what still needs to be done.
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Mr. Wagy, property owner, and Mr. Wayne Roberts of Roberts Architects, representative, were
present at the hearing. Mr. Roberts stated he has been working with the property owner
concerning the options available. Mr. Wagy stated in order to bring the property into
compliance, one renter has been removed and the second will be out by the end of April.
Responding to Chair Hall, Mr. Wagy stated he is unable to continue with the PUD process due
to financial difficulties and is considering annexation into the Town of Frederick. Responding to
Chair Hall, Ms. Chester stated removing the tenants would correct the zoning issues but the
Building Code Violations would still exist. David Sprague, Building Inspections Department,
said installing stairs from the top floor to the bottom floor, as well as having one electrical meter,
would constitute a single family dwelling. Mr. Wagy stated the Tri-Plex would not be rented until
the PUD process is complete. Responding to Commissioner Kirkmeyer, Mr. Sprague stated if
the renters are removed, the structure would be considered a single family dwelling and the
violation would not exist.
Commissioner Geile moved to refer VI #9600054 against David Wagy to the Department of
Planning Services, with the instruction to dismiss said violation on May 13, 1999, if the property
has been brought into compliance. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously.
VI #9900011 - GERALD AND CAROLYN HOYT: Ms. Frazer presented the case report for the
record and stated the property is in violation of the Weld County Zoning Ordinance. Ms. Frazer
stated after receiving a price list of products being sold from the property, Planning staff
determined the business does not comply with the Use Allowed by Right and would need to
apply for a Use By Special Review (USR) in order to continue with the business operation.
Mr. and Mrs. Hoyt, property owners were present at the hearing along with their representative,
George Ottenhoff. Mr. Ottenhoff stated he has been working with the property owners to bring
the property into compliance. Mr. Ottenhoff further stated the property owners need to expand
their business, and are in the process of obtaining a lot in Gateway Center, Johnstown, which
would house their business, but would need additional time to complete the purchase and
construction of a new building.
Commissioner Kirkmeyer moved to refer VI #9900011 against Gerald and Carolyn Hoyt to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 13, 2000, to allow adequate time for the property to be brought into compliance. The
motion was seconded by Commissioner Geile, and it carried unanimously.
(Clerk's Note: Commissioner Kirkmeyer is excused from the meeting)
VI #9600036 - DWAYNE AND CAROL BOWEN: Mr. Sprague presented the case report for the
record and stated the property is in violation of the Weld County Building Code Ordinance.
Mr. Bowen was present at the hearing. Mr. Bowen stated due to financial difficulties he has
been unable to complete construction on the garage and deck. Mr. Bowen added he is in the
mortgaging process to secure funds and anticipates completion of the work soon after.
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Commissioner Cede moved to refer VI #9600036 against Dwayne and Carol Bowen to the
County Attorney for legal action, with the instruction to delay action upon such referral until
October 13, 1999, to allow adequate time for the property to be brought into compliance. The
motion was seconded by Commissioner Baxter, and it carried unanimously.
VI #9800033 - DONALD AND JACQUE FORCHETTE: Ms. Frazer, along with Monica Daniels-
Mika, Director of Planning Services, presented the case report for the record and stated the
property is in violation of the Weld County Zoning Ordinance.
Mr. Forchette, property owner, was present at the hearing. Mr. Forchette stated his family has
had a dairy operation located on the property since 1923; however in 1997, due to economic
situations, the dairy operation was closed. Mr. Forchette added, a manufactured home has
been located on the property since 1972 as an Accessory to Farm, and a family member has
always occupied it Mr. Forchette said the farm is now in foreclosure, and if he were to sell off
part of the property, he could keep his home and a large part of his land. In response to Chair
Hall, Ms. Daniels-Mika stated Mr. Forchette has been conditionally approved for a Recorded
Exemption by the Planning Department staff, but in order to meet the conditions, the trailer
home would have to be removed. Mr. Forchette stated he is concerned about removing the
trailer since that would be putting a family member out of a home and is hoping another option
could be found. Ms. Daniels-Mika stated the Planning staff is continuing to work on solutions to
help Mr. Forchette,
Commissioner Vaad moved to continue VI #9800033 against Donald and Jacque Forchette to
the June 1999, Violation Hearings. The motion was seconded by Commissioner Baxter, and it
carried unanimously.
VI #9900046 - DONALD AND KATHLEEN HUGHES: Ms. Frazer presented the case report for
the record and stated the property is in violation of the Weld County Zoning Ordinance. Ms.
Frazer stated complaints have been received regarding Mr. and Mrs. Hughes occupying the
house under construction prior to final inspections being made and an Occupancy Permit being
issued.
Kathleen Hughes, property owner, was present at the hearing and stated she and her husband
currently have a home under construction on the property which should be completed in
approximately two weeks. She further stated, they currently reside at the original residence on
the property and when the new house is completed, she and her husband will be living in the
new house and would like her daughter to reside at the original residence. Mr. Frazer stated
since Mrs. Hughes was granted a Recorded Exemption for the property on October 12, 1994,
she will not be eligible to apply for another Recorded Exemption until October, 1999. Ms.
Frazer added if her daughter remains in the original residence, the property will be in violation;
however as of this hearing, no violation exists. Commissioner Baxter explained to Mrs. Hughes
when they move into the new house, her daughter would not be allowed to live in the original
residence until a Recorded Exemption could be obtained. Mrs. Hughes indicated she
understood.
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Commissioner Vaad moved to dismiss VI # 9900046 against Donald and Kathleen Hughes.
The motion was seconded by Commissioner Baxter, and it carried unanimously.
VI #9900038 - RAFAEL AND SAUNA HERNANDEZ: Mr. Sprague presented the case report
for the record and stated the property is in violation of the Weld County Building Code
Ordinance. Mr. Sprague stated several attempts have been made to make the final inspections,
but the property owners have not scheduled them.
The property owners, nor a representative were present at the hearing.
Commissioner Baxter moved to refer VI # 9900038 against Rafael and Sauna Hernandez to the
County Attorney for legal action. The motion was seconded by Commissioner Geile, and it
carried unanimously.
This Certification was approved on the 19th day of April, 1999.
APPROVED:
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fJ BOARD OF COUNTY COMMISSIONERS
WEL!? COUNTY, C LORADO
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