HomeMy WebLinkAbout971718.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on August 12, 1997, at 10:00 a.m., with the following present:
George E. Baxter, Chair
Constance L. Harbert, Pro-Tem
Dale K. Hall - EXCUSED
Barbara J. Kirkmeyer- EXCUSED
W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Julie Chester
Planning Department representative, Monica Mika
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 #9700093 - Donald and Beverly Littrell: Bruce Barker, County Attorney, reported this case
closed.
VI #9700083 -John Hoyt: Julie Chester, Department of Planning Services, reviewed the case file
for the record and reported the noncommercial junkyard located on this property is in violation of
Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She explained this property is on
Highway 392 in Lucerne, Colorado. She indicated the property owner has made some progress
and is in the process of remodeling the residence; however, some derelict vehicles, used tires and
car parts, and miscellaneous junk are still on the subject property. Ms. Chester showed a video
taken August 11, 1997, of the property and reported John Hoyt, the subject property owner,
acquired the property a short time before the complaint was made. John Hoyt, subject property
owner, was present and indicated he would like 60 days to complete the cleanup. Chair Baxter
confirmed that Mr. Hoyt understands what is required to bring the property into compliance and
explained the violation process of referral to the County Attorney. Nick Antuna requested to speak
and explained his mother lives in Lucerne and her and other neighbors' concern is that the subject
property has deteriorated since Mr. Hoyt moved there. He further stated the neighbors take good
care of their properties and just want to maintain the neighborhood. Ms. Chester verified for Chair
Baxter, and Mr. Hoyt concurred, the property has not been kept up since he bought it. No further
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public comment was offered. Commissioner Harbert moved to refer VI #9700083 against John
Hoyt to the County Attorney and delay legal action for 60 days to allow adequate time for the
property owner to either remove or properly screen the noncommercial junkyard and bring the
property into compliance. The motion was seconded by Commissioner Webster and carried
unanimously.
VI #9700084 - Harold and Beverly Browitt: Ms. Chester reviewed the case file for the record
stating the property is in violation of Sections 33.4.2, 33.4.3, 33.4.4, 33.4.4.5, and 33.4.5 of the
Weld County Zoning Ordinance and stated this property is also in Lucerne. She explained the
initial violation included a noncommercial junkyard and animal units (pigs) on the subject property,
as well nonconformance to C-3 zoning. Ms. Chester indicated at the inspection on August 11,
1997, the pigs, the derelict vehicles, and the noncommercial junkyard had been removed from the
subject property; however, still no commercial use was occurring on the property. Responding to
the Board, Ms. Chester concurred that no property adjacent to or near to the subject property was
zoned C-3 and stated the arbitrary zoning was done in 1963. Monica Mika, Department of Planning
Services Director, further explained this property historically did not have a commercial use and
no records explain why it was rezoned from Agricultural to C-3 at the time. Commissioner Harbert
questioned whether the property owner would be required to apply for a Change of Zone or if the
Board could make special dispensation in this case. Ms. Mika stated staff research and
consultation with the County Attorney suggest the Board has the latitude within the parameters of
the Weld County Zoning Ordinance to waive the variance for a zoning change in such a unique
case. She deferred to Mr. Barker who clarified that the Board may disregard the C-3 zoning since
the other violations have been resolved and allow the house to remain a residence; the zoning
question can then be readdressed at the time of the next transfer of the property. Harold Browitt,
subject property owner, was present and stated he was unaware of the commercial zoning until the
complaint was made and the zoning is not indicated on any of his transfer papers or deed.
Responding to Commissioner Webster, Mr. Browitt stated he is not concerned with the zoning
question at this time since the property is up for sale. Following further discussion, Ms. Chester
confirmed for Commissioner Webster she is satisfied with the cleanup of the property and removal
of the animal units and considers those violations remedied. Nick Antuna again came forward to
speak for the neighbors in Lucerne and explained their primary complaint was the pigs on the
property. Responding to Chair Baxter, Mr. Barker reiterated the zoning issue would be up to
whoever purchases the property. Commissioner Webster moved to close VI #9700084 against
Harold and Beverly Browitt. Commissioner Harbert agreed the noncommercial junkyard and animal
unit violations are separate from the zoning issue and have been resolved. Ms. Mika reiterated the
zoning issue depends on how the new property owner wishes to use the property. No further public
comment was offered. Commissioner Harbert then seconded the motion, which carried
unanimously.
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VI #9700085 - Richard and Doris Gerstenberger: Ms. Chester reviewed the case file for the
record and indicated this property is located in Lucerne and the complaint was received around the
same time as the previous two cases. She explained the noncommercial junkyard on the property
is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. Ms. Chester
reported she inspected the subject property August 11, 1997, and most of the noncommercial
junkyard material had been removed; however, tall grass and weeds cover much of the property
and appliances, bed springs, used tires, and used building materials remain. She further stated
all vehicles on the property are licensed and appear operable and showed a video of the property
taken at the last inspection. Richard Gerstenberger, subject property owner, was present and
agreed the property is a mess right now. He explained his plans to build a new residence and
some of the difficulties he has encountered since he started the project in May. Mr. Gerstenberger
stated he plans to use the hot water heater and refrigerator, but has nowhere to store them. He
further stated his most pressing and limiting problem at this time is lack of funds. Commissioner
Harbert asked if there were some way he could put up a temporary fence to screen the materials
left on the property, especially since Mr. Gerstenberger indicated he had pulled down an old fence
when he started construction. Mr. Gerstenberger responded he had other plans for that material
and questioned whether he would have to screen the rest of the building material for the new
house. Commissioner Harbert explained that problem would be covered by the building permit
criteria and only the current violation is being addressed at this hearing. She again asked Mr.
Gerstenberger if he could erect some temporary screening for the miscellaneous material within
30 days and explained the consequences of not complying. Mr. Gerstenberger indicated he
probably could and reiterated problems and delays he has encountered in getting started on the
construction of his residence. He then asked to confer with the County Attorney. Mr. Barker
indicated he would meet with Mr. Gerstenberger after this hearing. No public comment was
offered. Commissioner Harbert moved to refer VI #9700085 against Richard and Doris
Gerstenberger to the County Attorney and delay action for 30 days to allow adequate time for the
property owners to erect temporary screening for the noncommercial junkyard. The motion was
seconded by Commissioner Webster and carried unanimously.
VI #9700001 - Duffie Johnson: Ms. Chester reviewed the case file for the record and referred to
Mr. Johnson's letter dated August 1, 1997, indicating he would be unable to attend this hearing and
requesting an extension. Responding to Chair Baxter, Ms. Chester reported some progress has
been made; however, some miscellaneous used building material, and pieces of a blown-down tin
quonset hut are still on the property. She also indicated a mobile home on the property was
previously approved for an accessory-to-farm, but no farming activity is occurring on the subject
property. Commissioner Webster asked to view the video of the subject property taken August 11,
1997. The property owner was neither present nor represented at this hearing and no public
comment was offered. Responding to the Board, Mr. Barker stated that by speaking and
corresponding with staff, Mr. Johnson has shown willingness and desire to cooperate on the matter
and it would be appropriate to grant a continuance. Commissioner Webster moved to continue
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violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She indicated she has
been in contact and working with Albert Stickler, the subject property owner's son, and considerable
progress has been made. She reported fencing has been constructed for screening and all the
derelict vehicles have been moved behind the screening. Ms. Chester reported Mr. Stickler has
applied for grant assistance from the Weld County Health Department in disposing of the used tires,
and she has advised him he must cut and stack the wooden pallets and cable spools if he wishes
to use them for firewood. The subject property owner was neither present nor represented and no
public comment was offered. Ms. Chester indicated the couple is elderly and have been working on
the violation. She further explained Mr. Stickler cannot complete cutting and stacking firewood
because of rattlesnakes in the area. After further discussion, Commissioner Harbert moved to refer
VI#900145 against Helen and Albert Stickler to the County Attorney and delay action until November
1, 1997, to allow the subject property owners adequate time to bring the property into compliance.
Commissioner Webster seconded the motion, and it carried unanimously.
This Certification was approved on the 18th day of August, 1997.
foosonagp� APPROVED:
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Wel. Co L c1erKto fh- e0 d EXCUSED DATE OF APPROVAL
` / George E. Baxter, Chair
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+'`— • Constance L. Harbert, Pro-Tem
TAPE #97-20
EXCUSED
D K. Hall -
RESO#971719 - #971723 / 2
S D
Barbara J Kirkmeyer,
W. H. Webster
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