HomeMy WebLinkAbout970282.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on February 11, 1997, at 10:00 a.m., with the following present:
George E. Baxter, Chair
Constance L. Harbert, Pro-Tem
Dale K. Hall
Barbara J. Kirkmeyer
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
Building Inspection representative, Ed Stoner
Health Department representative, Steve Wiatrowski
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#9600298- Rustin Peterson, Property Owner; Jim Gooden and Roberta Pirami, Tenants:
Julie Chester, Department of Planning Services, reviewed the case file for the record indicating
this case presents several Health, Building Code, and Zoning violations, including Sections
31.2.1, 31.3, and 43 of the Weld County Zoning Ordinance; Sections 30, 30.2.1, 30.5.2.1, 40 and
Subsection 20.13 of the Weld County Building Code Ordinance; and Sections 3.1 and 3.24 of the
Weld County Individual Sewage Disposal System Regulations. She stated the subject property
owner is in Argentina currently and the primary residence is a mobile home owned by Don
Gooden. Mr. Gooden's son, Jim, and Roberta Pirami and their eight children currently are living
in a second residence on the property which is a converted shed with a travel trailer attached to
it. The residence has no running water or septic hookup, and no kitchen or bath facility except
in the trailer, and there is also concern that a well on the property is contaminated. Ms. Chester
reported that after Health, Building Inspection, and Zoning Compliance inspections, the imminent
hazards such as an open hole dug for sewage were corrected and attempts have been made to
make the residence more livable; however, the primary violation is this second residence is not
allowed on the agricultural-zoned property without appropriate permits. She verified for Chair
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Baxter that the primary residence mobile home has a septic system. Ms. Chester indicated she
talked with the subject property owner, Mr. Peterson, in Argentina recently and he indicated he
had visited the property at Christmas time and found Don Gooden in good health. He also stated
to Ms. Chester that he wants only one residence on the property. Ms. Chester verified for
Commissioner Harbert that Social Services was notified and had visited the family, but found no
reason for further action. She further stated that Jim Sheehan, Housing Authority, had visited with
the family and discussed options for assistance. Discussion followed regarding other assistance
which might be available for the family. Monica Mika, Department of Planning Services Director,
verified for County Attorney Bruce Barker that the property owner, not the tenant, must apply for
a Change of Zone permit, which would allow the second residence. Commissioner Kirkmeyer
clarified that options are limited if the property owner does not want a zoning change; the various
code violations are moot if the property owner does not want a second residence on the property.
Jim Gooden, tenant, was present and stated there is no well on the property and the hole Ms.
Chester referred to was dug for a septic tank; however, he hit ground water and could not finish
it. He also stated the hole has been filled in. He explained that they moved onto the property to
help his parents; his father has been disabled since 1991 and his mother died in December 1996
following a series of strokes. Mr. Gooden further explained they have been unable to find any
other place to live which allows eight children. He claimed to have spoken with Mr. Peterson, the
subject property owner, on Friday, February 7, 1997, who indicated he had no problem with them
living on the property. Mr. Gooden stated the inside of the shed is drywalled, painted, and
carpeted, and the Social Services visitor felt the children were happy and well cared for. He
explained Jim Sheehan visited on the day his mother died, and he was not in the mood to talk.
Mr. Gooden also stated that they were going to apply for a medical hardship zoning premit and
move another mobile home onto the property for his family. Commissioner Kirkmeyer reiterated
for Mr. Gooden that no further work or attempts to bring the residence into compliance should be
made until the property owner agrees on a course of action. Responding to the Board, Mr.
Gooden verified the property consists of ten acres. Steve Wiatrowski, Health Department
representative, indicated the property could support a septic system for the second mobile home.
Ms. Mika clarified for the Board if a medical hardship is permitted, Don Gooden's mobile home
would be classified as the principal structure, with the second mobile home allowed by the
medical hardship permit, and the shed the Goodens are now living in would be classified as
nonresidence storage only. Responding to Chair Baxter, Mr. Gooden indicated the current mobile
home is tapped into North Weld County Water District and the second water tap should not be
a problem. Mr. Gooden also commented on his poor current financial situation. Further
discussion followed regarding available assistance through the Housing Authority. Commissioner
Kirkmeyer reiterated before any other action is taken, the property owner must first agree to the
appropriate permit application. Ms. Mika stated staff could expedite the process by accepting the
property owner's application over the telephone. Commissioner Kirkmeyer advised Mr. Gooden
of the required documentation verifying the medical hardship and clarified Mr. Gooden's only
option if the property owner declined any further permit applications, would be to vacate the
premises. No public comment was offered. Commissioner Harbert moved to delay referral of
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VI #9600298 against Rustin Peterson, Jim Gooden, and Roberta Pirami to the County Attorney
for legal action for an initial thirty (30) days to allow for the property owner to make the
appropriate permit application and, with that having been completed, an additional sixty (60) days
for completion of the permit process and resolution of current violations. The motion was
seconded by Commissioner Kirkmeyer and carried unanimously.
VI #9600303 -Charles A. McKay: Ms. Chester reviewed the case file for the record indicating
the large noncommercial junkyard on the property is a violation of Sections 31.2 and 31.3.9 of the
Weld County Zoning Ordinance. She explained that Charles McKay, the subject property owner,
currently lives in Arizona and his son, Les McKay has been cooperative in trying to resolve the
violation. Ms. Chester stated there is a large amount of agricultural implements in various stages
of disrepair, as well as miscellaneous car parts, derelict vehicles, pallets, household appliances,
and other junk material. She also stated there is some screening, however it does not begin to
conceal the noncommercial junkyard. Les McKay was present and stated he has hauled seven
loads off the property so far. He explained his father and son collect and reconstruct antique
tractors and his father is very definite about what he wants done with the rest of the junk. Mr.
McKay stated his father is due back from Arizona by mid-April and asked for a deferral until at
least the end of April. Responding to Chair Baxter, Ms. Chester clarified that this property is
zoned Agricultural and is part of a recorded exemption; however, neither the property nor the
equipment is being used for any agricultural purpose. Bruce Barker, County Attorney, conceded
that the tractors could be considered an agricultural accessory, but within reason. No public
comment was made. Commissioner Harbert thanked Mr. McKay for his cooperation and effort
in working with his father to bring the property into compliance. Commissioner Kirkmeyer moved
to delay referral of VI #9600304 against Charles A. McKay to the County Attorney for legal action
until May 31, 1997, to allow sufficient time for Mr. McKay and his son to bring the subject property
into compliance. The motion was seconded by Commissioner Webster and carried unanimously.
VI #9600304 - Kathleen Prescher: Ms. Chester reviewed the case file for the record and
explained this and the next case are part of an entire block in Evanston on which Planning
received a complaint from the Health Department. She went on to explain the area is zoned
Agricultural and the noncommercial junkyard on the subject property is a violation of Sections
31.2 and 31.3.9 of the Weld County Zoning Ordinance. Ms. Chester stated her main concern in
this case is the derelict vehicles on the property and reported the property owner is in the process
of putting up a fence as screening; however, portions of the fence are unstable and appear about
to collapse. Kathleen Prescher, subject property owner, was present and stated she has placed
temporary fence posts since the ground is frozen and has added supports to make the fence
more sturdy. She indicated she would place permanent posts as soon as she could dig deep
enough post holes. Responding to Commissioner Harbert, Ms. Prescher also stated she has sold
or arranged for the removal of all but one vehicle and would need at least thirty days to complete
the work. No public comment was offered. Commissioner Harbert moved to delay referral of VI
#9600304 against Kathleen Prescher to the County Attorney for legal action for sixty (60) days
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to allow adequate time for the permanent fence posts to be installed and the remaining derelict
vehicles to be removed. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
VI #9600306 - Reba Skeen and Lynn Mahan: Ms. Chester reviewed the case file for the record
and stated this property is next to the previous case property in Evanston. The noncommercial
junkyard on this property is also a violation of Sections 31.2 and 31.3.9 of the Weld County
Zoning Ordinance. Ms. Chester indicated some progress has been made, however, there is still
a large amount of trash,junk, and several derelict vehicles on the property. The property owners
were neither present nor represented at this hearing. She reported she met with Mr. Mahan on
February 10, and he wants to get the property cleaned up and is willing to do the work; therefore,
requests a deferral for this case. No public comment was made. Commissioner Hall moved to
delay referral of VI #9600306 against Reba Skeen and Lynn Mahan to the County Attorney for
legal action for sixty (60) days to allow adequate time for removal of the noncommercial junkyard.
The motion was seconded by Commissioner Kirkmeyer and carried unanimously.
This Certification was approved on the 24th day of February, 1997.
APPROVED:
ATTE'. P („1.</! . , /• BOARD OF COUNTY COMMISSIONERS
µ < <' ,-)i c W COUNTY, LORA�
cs'tVl7 r'✓ f .
Weld ;'' C d
�j/'�S e ) George E. Baxter, Chair
BY: f/jti>..y_ '. .�11.4 �-a
Deputy Cleo•e he Board
onstance L. Har ert, ro-Tem
TAPE#97-05
ale K. Hall
RESO#970283 -#970286
ICi,{G- 1YLc ��
. Barbara J. Kirkm y r
'IVY le , :�-
W. H. W ster
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