HomeMy WebLinkAbout961841.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on October 8, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
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, Ed Stoner
Planning Department representative, Todd Hodges
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 #9600045 - Brian Soukup: Julie Chester, Department of Planning Services, reported this
violation is pending application for a Special Use Permit by the property owner.
VI #9600097 - Ray D. and Mariko Howell: Ms. Chester reported this case closed.
VI #9600076 - Paul and Elizabeth Barger: Ms. Chester reviewed the case file for the record and
indicated subject property is in violation of 31.2 and 31.3.9 of the Weld County Zoning Ordinance.
She stated the property owners have been very cooperative and only two vehicles remain in
violation. Paul Barger, property owner, was present and indicated his plan is to build a shed to
store the remaining vehicles, and asked for thirty to sixty days to build a temporary fence for
screening until he can get the shed built. No public comment was offered. Commissioner Harbert
moved to delay referral of VI #9600076 against Paul and Elizabeth Barger to the County Attorney
for legal action until December 1, 1996, to allow the property owners sufficient time to appropriately
screen the two derelict vehicles. The motion was seconded by Commissioner Baxter and carried
unanimously.
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VI #9600092 - Bob Magness/Magness Land and Cattle Company: Ms. Chester reviewed the
case file for the record, and stated a dike has been built on the subject property without the
appropriate Flood Hazard Development Permit, which is in violation of Sections 26 and 53.7 of the
Weld County Zoning Ordinance. She reported a conversation on October 2, 1996, with Jay
Wendell, Engineer with Boulder Aquatics Consultants, who has been hired by Mr. Magness to
process the Flood Hazard Development Permit application. Jay Wendell, representing Mr.
Magness, was present and indicated his firm was just recently retained by Mr. Magness. He
requested a 45-day deferral to process and submit the Flood Hazard Development Permit
application. Responding to Chair Kirkmeyer, Mr. Wendell verified that 45 days was adequate time
to complete the application. Mr. Wendell verified for Commissioner Webster the original dike was
built many years ago. No public comment was made. Commissioner Hall moved to delay referral
of VI #9600092 against Bob Magness/Magness Land and Cattle Company to the County Attorney
for legal action for 45 days to allow sufficient time for the property owner to submit a Flood Hazard
Development Permit application. Commissioner Webster seconded the motion, which carried
unanimously.
VI #9600114- Frank and Guadalupe Pedraza: Ms. Chester reviewed the case file for the record
and stated the noncommercial junkyard on the property consisted primarily of derelict vehicles and
is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She indicated
tenants live on the subject property, however, most of the vehicles belong to the property owners'
son. Ms. Chester showed a video of the subject property taken October 7, 1996, and pointed out
for Mrs. Pedraza's benefit the remaining vehicle and other trash items which must be removed.
Mrs. Lupe Pedraza, property owner, was present and requested sixty days to finish the cleanup
and remove the vehicle. Responding to the Board, Mrs. Pedraza verified her understanding of
what had to be done to bring the property into compliance. Commissioner Harbert moved to delay
referral of VI #9600114 against Frank and Guadalupe Pedraza to the County Attorney for legal
action for sixty (60) days to allow sufficient time for the property owners to remove the vehicle and
complete the cleanup. The motion was seconded by Commissioner Baxter and carried
unanimously.
VI #9600129 - Francisco and Patricia Barron: Ms. Chester reviewed the case file for the record,
and stated this property is zoned agricultural and the noncommercial junkyard on the subject
property is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She
indicated there is also concern that a business is being operated from the property, which would
be a violation of Sections 31.2, 31.3, and 31.4. Ms. Chester reported the property owners have
made significant progress in cleaning up subject property, however, recently an office trailer and
port-o-potty were moved onto the property. She presented a video of the property taken October 7,
1996, and stated Mr. Barron runs an oil rig business and it appears that materials and equipment
were being stored on the subject property. Ms. Chester reported she has explained to the property
owners that a Special Use Permit is required to operate a business from the property and, in
response to Commissioner Webster, she indicated it would be financially difficult for the property
owners to apply for the permit or find another, properly zoned property. Francisco Barron, property
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owner, was present and reiterated his financial constraints. He stated it would be difficult to find
affordable commercial property for the business and asked if a privacy fence to screen the material
and equipment would be acceptable. Todd Hodges, Department of Planning Services, stated the
screening could be considered in the Zoning violation, however, the use of the property is also at
issue. Responding to the Board, Mr. Hodges verified the application fee for a Special Review
Permit is $1,100, with a $500 fine. Bruce Barker, County Attorney, verified the case was in the
violation stage, however, the Board had the discretion to waive the fine. In response to
Commissioner Harbert, Mr. Barron stated he has three employees who usually meet him at the
work site and verified he stores the equipment and supplies on his property on the weekends and
is not using the trailer. Discussion followed regarding if, in fact, Mr. Barron is operating his
business from the property and whether the Zoning Ordinance is being too narrowly interpreted in
this case. Responding to Commissioner Hall, Ms. Chester verified very little material involved in
the Zoning violation remains on the subject property and includes some car parts. She indicated
all the other equipment and material is involved with Mr. Barron's business. Mr. Barron, in
response to Commissioner Hall, verified he could finish the cleanup on the property within thirty
days and, in that timeframe, would work with Planning staff regarding the USR application. No
public comment was offered. Commissioner Hall moved to delay referral of VI #9600129 against
Francisco and Patricia Barron to the County Attorney for legal action for thirty (30) days to allow
sufficient time for the property owners to bring subject property into compliance and to waive the
penalty fee should Mr. Barron apply for the special use permit. The motion was seconded by
Commissioner Webster and carried unanimously.
VI #9600120 -George and Eleanor Roberts: Ms. Chester reviewed the case file for the record.
She stated this property is also agriculturally zoned and the noncommercial junkyard on this
property is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She
showed a video of the property taken October 7, 1996, and stated the derelict vehicles and
miscellaneous material are visible from the road and adjacent properties. Ms. Chester stated initial
reports were that Mr. Roberts was operating a camper repair business on the property, which
would be a violation of Sections 31.2, 31.3, and 31.4. She indicated Mr. Roberts has denied
operating such a business on the property, however, Planning has not received a letter stating
such as was requested. George Roberts, property owner, was present and, in response to Chair
Kirkmeyer, stated he does not run a camper repair business on the subject property. He indicated
some of the material on the property is used in his remodeling business. Discussion followed again
regarding the storage of equipment/material used in a business and interpretation of the Zoning
Ordinance criteria for uses which require a Special Review Permit. Mr. Hodges referenced Section
31.4.1 of the Weld County Zoning Ordinance, regarding home businesses, and Monica Mika,
Planning Services Director, referenced Section 31.3.1 regarding businesses in the Agricultural
Zone. Further discussion dealt with home occupation versus home business. Mr. Roberts
reiterated he works on his own camper and does operate a camper repair business on his property.
The Board verified Mr. Roberts' willingness to screen the equipment and material he wishes to
keep and to store the derelict vehicle. No public comment was offered. Commissioner Harbert
moved to delay referral of VI #9600120 against George and Eleanor Roberts to the County
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Attorney for legal action for thirty (30) days to allow the property owners time to erect acceptable
screening and store the derelict vehicle. Commissioner Webster seconded the motion, which
carried unanimously.
VI #9600116 -Marla Stitt: Ms. Chester reviewed the case file for the record. She stated Ms. Stitt
has been very cooperative and only needs to move the remaining material into a shed she has
built. Ms. Chester reported Ms. Stitt is unable to attend this hearing due to illness and
recommended the Board delay referral for two weeks. No public comment was offered.
Commissioner Baxter moved to to delay referral of VI #9600116 against Marla Stitt to the County
Attorney for legal action for two weeks to allow the property owner adequate time to complete the
cleanup of subject property. Commissioner Webster seconded the motion and moved to amend
to thirty day. The motion died for lack of a second. With no further discussion, the original motion
to delay referral for two weeks carried unanimously.
VI #9600113 - Donald W. Fuchs and Ronald D. Oakley: Ms. Chester reviewed the case file for
the record, indicating the nonpermitted mobile home located on the property is in violation of
Section 31.2, 3.1.2.16, and 43 of the Weld County Zoning Ordinance and Section 70 of the Weld
County Building Code Ordinance. She reported she has never seen anyone living in the trailer on
any of the four inspections she has completed, however, close neighbors report Mr. Fuchs has
worked in Denver during the day and slept in the trailer at night for at least one year. Ms. Chester
referenced Mr. Fuchs' response to the Zoning Violation Notice sent July 18, 1996, in which he
invoked U.S.C. 18, Sec.241, and U.C.C. 1-301, and reported the same response was received for
the notice of this hearing. She indicated no other contact has been made with the property owners
and recommended referral for legal action. No public comments was made. Commissioner
Harbert moved to refer VI #9600113 against Donald W. Fuchs and Ronald D. Oakley to the County
Attorney for legal action. The motion was seconded by Commissioner Webster and carried
unanimously.
VI #9600234 - Riverbend Investments, LLC, and Bradley Gielissen: Ed Stoner, Department
of Planning Services, reviewed the case file for the record and indicated the mobile home is in
violation of Section 70.4.2 of the Weld County Building Code Ordinance. He explained that this and
the following case involve expired mobile home permits. He further explained installation must be
completed within 180 days of the issuance of the permit and final inspections are required. Mr.
Stoner indicated this permit was issued October 13, 1995, and has not been finaled. Bradley
Gielissen, home owner, was present and stated this mobile home is used for storage only. He
stated the tie-downs are in place, but the skirting is not. In response to the Board, Mr. Stoner
clarified that the storage permit does not require electrical inspections and there is no time limit on
the permit. Mr. Gielissen indicated he had a problem with the skirting requirements and stated he
was told he should use aluminum skirting, which is costly. Mr. Stoner explained for the Board the
purpose of skirting is to keep debris from accumulating under the trailer and creating a fire hazard
potential. Mr. Gielissen indicated he does not plan to keep the trailer more than one more year
and, since it is only about one foot off the ground, would like to berm dirt up around it as skirting.
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The Board confirmed with Mr. Stoner the acceptability of such skirting and reminded Mr. Gielissen
of the need for a final inspection. No public comment was offered. Commissioner Harbert moved
to close VI #9600234 against Riverbend Investments, LLC, and Bradley Gielissen. Commissioner
Webster seconded the motion, which carried unanimously.
VI #9600199 - Candace Mistier: Mr. Stoner reviewed the case file for the record and indicated
this permit was issued November 30, 1995, and the mobile home has not had final inspection,
which is a violation of Section 70.4.2 of the Weld County Building Code Ordinance. In response
to the Board, Mr. Stoner stated the last inspection was February 9, 1996, and landings and steps
have been approved, while plumbing and electrical final electrical inspections have not been done.
Candace Mistier, home owner, was present and stated she has arranged for grounding work to be
done this day and will call for an inspection next week. Responding to Commissioner Hall, she
indicated financial problems, difficulty hiring workmen, and legal problems with the company she
bought the mobile home from caused the delay in completing the setup. No public comment was
offered. Commissioner Webster moved to delay referral of VI #9600199 against Candace Mistier
to the County Attorney for legal action for two weeks to allow adequate for completion of work and
final inspections. Commissioner Baxter seconded the motion, which carried unanimously.
VI #9600226 - Mike and Theresa Garcia/Ben J. Garcia: Mr. Stoner reviewed the case file for
record and indicated this permit was issued September 20, 1995, and the mobile home has not had
final inspection, which is a violation of Section 70.4.2 of the Weld County Building Code Ordinance.
Ben Garcia, property owner, was present and stated his understanding from last inspection in
October, 1995, was the landing was the only thing not approved. He explained further that his
intent was to build a concrete landing and steps and has not had the money. Responding to Chair
Kirkmeyer, Mr. Garcia indicated he did not call Planning Services to check on what needed to be
done or call for a final inspection because he assumed from the last inspection notice that the
landing and steps was all that was left to be done. In response to Commissioner Harbert, Mr.
Garcia affirmed he could try to have the landing finished and final inspection by the end of the year.
Discussion followed in which Commissioner Hall suggested granting an extension to the permit in
this type of violation, rather than getting involved in a court case. The Board agreed that judging
from these last three cases, there exists a major problem in the method of tracking and notification
for these permits. Mr. Stoner reviewed the current notification process and the premise of owner
responsibility when obtaining a building permit. The Board and staff agreed this hearing was not
the appropriate place to work through such intradepartmental problems and a worksession will be
scheduled to review and revise the building permit process. Mr. Stoner stated he will schedule
electrical and building inspections with Mr. Garcia for next week. No public comment was offered.
Commissioner Harbert moved to continue VI #9600226 against Mike and Theresa Garcia and Ben
J. Garcia to January 10, 1997, to allow the property owners adequate time to complete mobile
home installation and arrange for final inspections. The motion, which was seconded by
Commissioner Webster, carried unanimously.
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VI #9600204-Vernon Scoggin: Mr. Stoner reviewed the case file and indicated this permit was
issued January 4, 1996, and has not had final inspection, which is a violation of Section 70.4.2 of
the Weld County Building Code Ordinance. Ken Short, representing Vernon Scoggin, explained
that his wife is Mr. Scoggin's niece and the owner of the subject mobile home. He indicated they
live in the mobile home and are doing the work. He explained that he has had knee surgery which
has delayed completion of the work, however, the skirting is framed and partially in place and only
the back steps remain to be installed. Mr. Short stated his wife faxed a request for an extension
because of his knee surgery on September 18, 1996, Exhibit A for the record, but did not receive
a response. Mr. Short went on to state he and his wife have done considerable work to clean up
the property although much remains to be done and provided photos of the property and mobile
home, Exhibits B-H. He then requested an extension of the permit and a waiver of any fines
involved, and advised the Board he has arranged for friends to help him finish the skirting and back
steps on October 15, 1996. Mr. Stoner apologized and stated he did not receive the fax. Chair
Kirkmeyer confirmed that Mr. Short understood that he needs to call for a final inspection when the
skirting and steps are finished. No public comment was offered. Commissioner Harbert moved
to continue VI #9600204 against Vernon Scoggin be continued to January 10, 1997 to allow Mr.
Short adequate time to complete necessary work on the mobile home and arrange for a final
inspection. The motion was seconded by Commissioner Hall and carried unanimously.
There being no other representatives of scheduled cases present for these hearings,
Commissioner Harbert moved to continue the remaining sixteen cases to January 7, 1997, at
10:00 am. Commissioner Webster seconded the motion, which carried unanimously. Those
cases continued to January 7, 1997, at 10:00 am, are as follows:
VI #9600190 - GEGENHEIMER
VI #9600201 -VAN PATTEN
VI #9600196 - PEASLEE
VI #9600197 - MARTINEZ
VI #9600202 - BRENNING
VI #9600205 - HALLER/WINDEN
VI #9600211 - MARTINEZ/KIMRE
VI #9600213 - IBARRA
VI #9600216 -ALVAREZ
VI #9600225 - DITTMER
VI #9600231 -WYATT
VI #9600232 -AGUILAR/RIVER VALLEY VILLAGE MOBILE HOME
VI #9600233 - KONIG/FOSTER
VI #9600235 - MILLER/PITTOCK
VI #9600238 - NIELSON
VI #9600241 -ANDERSON
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The Board directed Mr. Stoner to contact the above listed permit holders and advise them of the
continuation, and Mr. Barker encouraged staff to work with people in an attempt to close out as
many cases as possible. Commissioner Hall reiterated the Board will schedule a worksession to
review the building permit process.
This Certification was approved on the 16th day of October, 1996.
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