HomeMy WebLinkAbout981448.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on August 11, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer- TARDY
Also present:
Acting Clerk to the Board, Jean Gillingham
County Attorney, Bruce Barker
Planning Department representative, Sharyn Frazer
Planning Department representative, David Sprague
Planning Department representative, Eric Jerman
Planning Department representative, Scott Ballstadt
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 #9700185 - MONTY AND CONNIE WINTER/F. A. ELSIE AND JAY TRUKENBOLZ: Sharyn
Frazer, Department of Planning Services, presented the case report for the record and stated the
property is in violation of Sections 31.2, 31.2.1, 31.2.16, 31.3, 31.3.9 and 43 of the Weld County
Zoning Ordinance and Section 70 of the Weld County Building Code Ordinance. Ms. Frazer stated
the violation should remain only for Monty and Connie Winter since the sale of the property is now
complete. To bring the property into compliance, a building permit must be obtained and a garage
completed to store the materials now being stored in a tent.
(Let the record reflect Commissioner Kirkmeyer is now present.)
Mr. Monty Winter was present at the hearing. In response to Chair Harbert, Mr. Winter stated he
would need approximately one year to complete the clean-up of his property which includes building
a garage. Mr. Winter also stated he realized that a building permit would allow him 6 months, but
due to financial difficulties, he needed the additional 6 months. Commissioner Kirkmeyer express
her concern with asking the County Attorney to defer any action for a year, due to Mr. Winter's past
record of non-compliance. Ms. Frazer clarified that the permit for the mobile home to be used as
a storage unit was recently applied and paid for. In response to Commissioner Baxter, Ms. Frazer
confirmed that the only thing currently in violation is the tent. Ms. Frazer stated Mr. Winter has
lowered the tent in height below the mobile home; however, approaching from the west, the tent is
visible. In response to Commissioner Kirkmeyer, Ms. Frazer stated once the stick built structure is
complete, the permit for a accessory structure (mobile home) may still be in effect; however, it
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would have to be reviewed. In response to Commissioner Baxter, Ms. Frazer stated that as long
as no utilities are attached to the mobile home which is being used as storage, the permit will still
be good.
Commissioner Kirkmeyer moved to refer VI #9700185 against Monty and Connie Winter to the
County Attorney for legal action, with the instruction to delay action upon such referral until
February 11, 1999, to allow adequate time for the stick built building (garage) to be finished and the
property be brought into compliance. In response to Commissioner Baxter, Bruce Barker, County
Attorney, reviewed the process his office will take over the next six months and what will happen
if the violation still exists at that time. Commissioner Baxter made sure Mr. Winter understood the
process. The motion was seconded by Commissioner Webster, and it carried unanimously.
VI#9700205-LARRY AND MARTHA RHOADARMER/RUDY HARBURG : Ms. Frazer, presented
the case report for the record and stated the property is in violation of the Weld County Zoning
Ordinance by placing three houses on the property without proper permits. The initial complaint was
received on November 18, 1997.
Mr. Harburg was present at the hearing. In response to Chair Harbert, Mr. Harburg gave some
background regarding how he obtained these houses and his plans to"recycle"them in Netherland.
Mr. Harburg stated he has obtained building permits for the houses to be used as accessory storage
buildings and the building permits allow 180 days before the first inspection. He stated the land use
process problems should be solved within that time and he can move the houses to Netherland. In
response to Chair Harbert, Mr. Harburg stated the reason he is not storing the houses in Boulder
County because he wanted to get them out of town into the country so traffic would not be backed
up. Responding to Chair Harbert, Mr. Harburg stated he thought it would be just a matter of days
before permits from Netherland would be issued. In response to Commissioner Kirkmeyer, Ms.
Frazer stated three permits were allowed because of the amount of property Mr. Rhoadarmer owns.
Chair Harbert stated Mr. Rhoadarmer no longer farms and leases his property to another farmer
who grows corn. In response to Commissioner Kirkmyer, Ms. Frazer stated section 31.3 of the
Zoning Ordinance allows the permits for"accessory storage" buildings. Commissioner Kirkmeyer
expressed concern that this is an evasion of the Weld County Zoning Ordinance, since the purpose
of the buildings is to use them for housing; however, permits have now been issued to allow them
to be used as "accessory storage" of agricultural equipment and storage. Ms. Frazer stated Gloria
Dunn, Department of Planning Services, determined an accessory use fits the requirements of the
Zoning Ordinance. In response to Mr. Barker, Ms. Frazer stated when a permit for "accessory
storage" is issued, a certificate of compliance must be completed; however, Mr. Rhoadarmer has
not completed the certificate. Mr. Harburg stated he was unaware that the houses were being used
as "party" houses and he will immediately have the houses boarded up so no unauthorized entry
can be made. Mr. Harburg was unable to give a specific date for when he will have the houses
removed. In response to Commissioner Hall, Mr. Harburg stated he does not want to move the
houses to Netherland now because the town has the same requirements for storing houses, and
if they are not allowed to recycle the buildings as homes, they will be unable to salvage them as
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accessory storage buildings. In response to Commissioner Harbert, Mr. Harburg stated if the Town
of Netherland grants the land use on August 25th, it will take up to 60 days to finalize and move the
houses.
Commissioner Webster moved to refer VI #9700205 against Larry and Martha Rhoadarmer/Rudy
Harburg to the County Attorney for legal action, with the instruction to delay action upon such
referral until November 9, 1998, to allow adequate time for the houses to be moved or renovations
be made to convert them to "accessory storage" buildings. The motion was seconded by
Commissioner Kirkmeyer who clarified the property must be in compliance, not the houses. Ms.
Kirkmeyer also stated staff may find the use is not accessory, therefore, the houses will have to be
moved. The motion carried unanimously.
VI #9700221 - DALE ROSEMAN: Ms. Frazer presented the case report for the record and stated
the property is in violation of Sections 31.2, 31.4 and 31.3.9 of the Weld County Zoning Ordinance.
In order for the property to be brought into compliance, she stated screening will need to be
completed and commercial sales of automobiles must cease until a Use by Special Review Permit
(USR) has been applied for and issued.
Mr. Roseman stated he would like to sell and store cars on his property. In response to Chair
Harbert, Mr. Roseman stated he is in the process of completing a USR permit but at the advise of
the Planning Department, he needs to finalize what he wants to do before he turns it in. In response
to Chair Harbert, Mr. Roseman stated he has questions regarding what applies to him on the permit
before he can complete the permit. In response to Commissioner Kirkmeyer, Mr. Roseman said
that he can have the screening completed within 60 days. In response to Commissioner Hall, Mr.
Roseman stated the type of screening material being used is called "barn side" and described the
process he is using for installation. Commissioner Kirkmeyer stated the property could be brought
into compliance within 60 days; however, the commercial sales need to cease until proper permits
are obtained.
Commissioner Kirkmeyer moved to refer VI#9700221 against Dale Roseman to the County Attorney
for legal action, with the instruction to delay action upon such referral until October 9, 1998, to allow
adequate time for the screening to be completed. The motion was seconded by Commissioner
Webster, and it carried unanimously.
(Let the record reflect Chair Harbert is now excused and Commissioner Webster is acting Pro-Tem.)
VI#9800109 -JACK AND MARJORIE EDSON/CLAY VARRA : Sharyn Frazer presented the case
report for the record and stated the property is in violation of Section 23 of the Weld County Zoning
Ordinance by operating a commercial landscaping operation without proper permits.
The property owners were not present or represented.
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Commissioner Baxter moved to refer VI #9800109 against Jack and Marjorie Edson/Clay Varra to
the County Attorney for immediate legal action. The motion was seconded by Commissioner Hall,
and it carried unanimously.
VI #9800073 -JAMES AND HELEN SIRIOS/SHAWN LANGTON: Sharyn Frazer presented the
case report for the record and stated the property is in violation of Sections 31.2, 31.3.9 and 43 of
the Weld County Zoning Ordinance and no permits have been applied for.
The property owners were not present or represented.
Commissioner Hall moved to refer VI #9800073 against James and Helen Sirios/Shawn Langton
to the County Attorney for legal action, with the instruction to delay action upon such referral until
August 17, 1998, to allow adequate time for the property to be brought into compliance. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
This Certification was approved on the 17th day of August, 1998.
APPROVED:
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Geor E. Baxter
EXCUSED DATE OF SIGNING (AYE)
Da a K. Hall
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arbara J. Kirkmeyer ,%
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