HomeMy WebLinkAbout951628.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on August 8, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem - TARDY
Commissioner George E. Baxter - TARDY
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, Susan McMullen
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 #2192 - Winslow and Andrea Taylor: Julie Chester, Department of Planning Services,
presented the case report for the record and indicated the noncommercial junkyard is a violation
of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. To correct the violation, the
property owner must remove the junk or submit and have approved a screening plan. Ms. Chester
stated this property is a vacant lot and the neighbors are concerned about the junk and tall weeds
harboring snakes and rodents. She indicated the Health Department has checked the property and
found no outward infestations. Ms. Chester stated nothing had been done on the property until this
past week when a dumpster was moved onto the lot.
(Let the record show that Commissioner Baxter is now present.)
Winslow Taylor, property owner, was present. He stated the lot cannot be seen from the street and
the junk was on the property when he bought it and apparently had been used as a dump in the
past. He indicated the Health Department did not cite him after checking the property and he did
not understand why it is considered a hazard. Mr. Taylor stated the wet weather earlier this
summer prohibited cleanup and, even with help of his friends, the high cost of the cleanup makes
it difficult for him to accomplish in a short period of time. He indicated he is willing to do what he
can, however, cannot understand the urgency or problem as indicated by the Planning staff. In
response to Commissioner Harbert, Mr. Taylor stated he bought the property in its current condition
at a tax sale three years ago. At this time, Ms. Chester showed a video tape of the property taken
August 7, 1995. Responding to Mr. Taylor, Ms. Chester explained complaints from neighbors
about the property warranted her request for the Health Department inspection. She also clarified
the property is visible from adjacent properties and the public right-of-way. Commissioners Baxter
and Webster commented cleanup of this property would require at least a dump truck and loader
and would require considerable time. Commissioner Harbert explained for Mr. Taylor the Board's
obligation to respond to the neighbors' concerns, as well as take into consideration his situation.
She stated the tall, dry weeds pose a considerable fire danger that warrants immediate and
concerted resolution of this violation. No public comment was offered. Commissioner Harbert
moved to delay referral of VI #2192 against Winslow and Andrea Taylor to the County Attorney for
legal action until January 1, 1996, to allow the property owners time to remove the junk, cut down
the weeds, and bring the property into compliance. The motion was seconded by Commissioner
Baxter and carried unanimously.
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VI #2196 - Francisco F. Meza: Ms. Chester reviewed the case report for the record and
explained Mr. Meza and his family are present and require the assistance of an interpreter, who
is present. She stated the noncommercial junkyard is a violation of Sections 31.2, 31.3.9 and
31.5.4 of the Weld County Zoning Ordinance, and to correct the violation the junkyard must be
removed from the property. The property owners also must reduce the number of animal units to
2 units per the 1/2 -acre lot. Mr. Meza stated they have talked to a gentleman who is supposed to
remove the derelict vehicles for them. Ms. Chester referred to the initial complaint made by a
Sheriffs Office deputy and stated her inspection of August 7, 1995 verified thirteen pigs, six goats,
three horses, and approximately fifty chickens being kept on the property. Ms. Chester explained
the options for types and number of animals the Mezas are allowed on the property. She also
explained the need to clean up the other trash and junk. The Meza indicated they would keep two
horses and would need time to remove the other animals. Mr. Meza breaks horses for a living and
asked if he could keep the horses on the property while he is working with them. Ms. Chester
explained the maximum number of horses allowed is two at any given time. Mr. Meza indicated
he understood. After further discussion among the Board, Commissioner Hall verified the Mezas
had no further questions and understood the violation, as well as their options for resolution. No
public comment was made. Commissioner Harbert moved to defer referral of VI #2196 against
Francisco F. Meza to the County Attorney for legal action until November 15, 1995. Commissioner
Baxter seconded the motion, which carried unanimously.
VI #2191 - J.E. Blea c/o Lola B. Rodello: Ms. Chester reported this case closed.
VI #2193 - Bryron N. and Doris M. Bashor, Brett B. and Yvonne L Bashor: Ms. Chester report
this case closed.
VI #2198 - Ann Marie Clemenson: Ms. Chester reported this case closed.
VI#2187 - Angelina Quezado: Ms. Chester reviewed the case file for the record and indicated
the noncommercial junkyard on this property is in violation of Sections 31.2 and 31.3.9 of the Weld
County Zoning Ordinance. She indicated the property owners were also conducting a trash
business on the property without the proper permits. Ms. Chester reported the property owner has
removed the business from the property and, except for three trash dumpsters, has removed the
noncommercial junkyard also. She recommends the Board defer referral to the County Attorney
for thirty days to allow the property owner time to remove the dumpsters and bring the property into
compliance. The property owner was neither present nor represented at this hearing. No public
comment was offered. Commissioner Webster moved to defer referral of VI #2187 against
Angelina Quezada to the County Attorney for legal action for thirty days to allow Ms. Quezada time
to bring the property into compliance. The motion was seconded by Commissioner Baxter and
carried unanimously.
VI #2190 - Ernest Ryan: Ms. Chester review the case report for the record and stated the
noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. To correct the violation, the property owners must remove the junk from the property
or submit and have approved a screening plan. Ms. Chester reported the property owners have
made some progress in cleaning up the property and, considering the progress to date and medical
hardships Mr. Ryan is experiencing at the present time, requests the Board defer referral to the
County Attorney for thirty days. The property owner was neither present nor represented. No
public comment was offered.
(Let the record show Commissioner Kirkmeyer is now present)
Commissioner Baxter moved to defer referral of VI #2190 against Ernest Ryan to the County
Attorney for legal action for thirty days to allow the property owner time to remove the remaining
junk and bring the property into compliance. Commissioner Harbert seconded the motion, which
carried unanimously.
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VI #2195 - Dennis Drake: Ms. Chester reviewed the case file for the record, indicating the
noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. To correct the violation, the property owner must remove the junkyard from the
property or submit and have approved a screening plan. She indicated a nonpermitted commercial
business was being operated on the property, which would have to be removed or appropriate
permits applied for and approved. Ms. Chester stated she was contacted by Dennis Drake,
property owner, who indicated to her he no longer leases to the individual who was operating a
salvage business on the property and desire to clean up the property. Mr. Drake farms and his wife
is being treated for cancer at this time, therefore, Ms. Chester recommends the Board delay
referral to the County Attorney for ninety days to allow Mr. Drake time to finish harvest and take
care of his wife. The property owner was not present or represented at this hearing and no public
comment was made. Commissioner Kirkmeyer moved to delay referral of VI #2195 against Dennis
Drake to the County Attorney for legal action for ninety days to allow the owner time to bring the
property into compliance. The motion was seconded by Commissioner Baxter and carried
unanimously.
VI #2197 - Philip Drew Prince: Ms. Chester reviewed this case file for the record and stated the
-noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. She indicated her inspection on July 21, 1995, showed significant effort to clean up the
property had been made and only one derelict vehicle was left on the property which the owners
indicated they wished to repair and license. Therefore, she recommends a sixty-day deferral to
allow the property owners time to repair and license the vehicle. The property owners were not
present or represented at this hearing and no public comment was offered. Commissioner
Webster moved to delay referral of VI #2197 against Philip Drew Prince to the County Attorney for
sixty days to allow the property owners time to repair and license the remaining vehicle and bring
the property into compliance. Commissioner Harbert seconded the motion, which passed
unanimously.
VI #2200 - Ronald and LaNelva Steerman: Ms. Chester reviewed the case file for the record and
stated this noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of the Weld County
Zoning ordinance. To correct the violation, the property owners must remove the junk from the
property or submit and have approved a screening plan. Ms. Chester stated that Mr. Steerman is
_elderly and has done some clean-up and moved some of the derelict vehicles. She indicated the
-screening plan submitted June 28, 1995, was not approved; however, a plan submitted July 27,
1995, has been approved. Ms. Chester recommends the Board defer referral to the County
Attorney for sixty days to allow Mr. Steerman time to complete the approved screening plan. The
property owners were not present or represented at this time. No public comment was offered.
Ms. Chester clarified specifics of the screening plan as submitted. Commissioner Harbert moved
to defer referral of VI #2200 against Ronald and LaNelva Steerman to the County Attorney for sixty
day to allow the property owners time to complete the screening plan and bring the property into
compliance. The motion was seconded by Commissioner Kirkmeyer and carried unanimously.
VI #2201 - Joseph L. and Ida M. Duran: Ms. Chester reviewed the case file for the record and
indicated this noncommercial junkyard consisting of derelict vehicles and a bus is a violation of
Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. At her July 21, 1995, inspection,
Ms. Chester saw significant progress in cleaning up the property and the property owner indicated
he would sell, scrap or store the remaining vehicles. She reported the property owner is willing to
submit a screening plan for approval and, therefore, requests a sixty-day deferral for this case.
Commissioner Kirkmeyer, clarifying the sixty-day deferral was to allow for the screening plan to be
submitted, approved, and completed, moved to defer referral of VI #2201 against Joseph L. and
Ida M. Duran to the County Attorney for legal action for sixty days to allow the property owners time
to submit, have approved, and complete a screening plan and to bring the property into
compliance. Commissioner Webster seconded the motion, which carried unanimously.
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This Certification was approved on the 14th day of August, 1995.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
aat
Clerk to the Board
Deputy Clerk
the Board
TAPE #95-30
RESO #951629 - 951636
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Da), K. Hall, Chairman
Constance L. Harbert
W. H. ebster
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