The URL can be used to link to this page

Browse Search

Home My WebLink About20222292.tiffHEARING CERTIFICATION DOCKET NO. 2022-68.B RE: SHOW CAUSE HEARING, PCSC22-0003, TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF ZONING PERMIT FOR A HOME OCCUPATION CLASS II, ZPHB16-0015 - SANTOS VEGA AND LUZ YADIRA VEGA A public hearing was conducted on October 26, 2022, at 9:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid County Attorney, Bruce Barker Planning Services Department representative, Michael Hall The following business was transacted: e I hereby certify that pursuant to a notice dated October 12, 2022, and duly published October 14, 2022, in the Greeley Tribune, a public Show Cause hearing, PCSC22-0003, was conducted to determine whether good cause exists for the revocation of Zoning Permit for a Home Occupation Class II, ZPHB16-0015, held by Santos Vega and Luz Yadira Vega. Bruce Barker, County Attorney, made this a matter of record. =i;, Michael Hall, Department of Planning Services, presented a brief summary of the violations, the intent of the Zoning Permit, which is for a home office, and displayed images of the site from September 14, 2022, and October 21, 2022. He indicated a pre -application meeting took place on August 9, 2022, the day after the Probable Cause hearing, but, to date, no application for a Change of Zone has been submitted. He stated Planning staff recommends revoking the Zoning Permit, added the County Attorney's Office and Code Compliance staff are advancing violations with the County Court, per case #ZCV21-00368, and outlined those violations. Responding to Commissioner Moreno, Mr. Hall confirmed there has been no significant changes to the site since the Probable Cause hearing. eSantos Vega introduced himself and Yadira Vega, Mr. Vega's daughter, described the progress made since the Probable Cause hearing, including the removal of a storage building/container, the removal of construction materials and other "junkyard" materials, and she outlined the tasks she has completed in preparation to submit the Change of Zone application. Mr. Hall confirmed for Chair James the applicant would have to do a Change of Zone (COZ) or a Resubdivision to rectify the situation, and responding to Chair James, Ms. Vega relayed their intention to complete that process. In response to Commissioner Saine, Mr. Barker advised the Board has the option to continue the Show Cause hearing if they would like to allow the permittee more time to complete the application process. cc : PL(TP/ t J/MIA c A(gg) I 1 /i 6/22 2022-2292 PL2539 HEARING CERTIFICATION - SANTOS VEGA AND LUZ YADIRA VEGA (PCSC22-0003) PAGE 2 There was discussion among the Board about continuing the Show Cause, the timeline of the COZ process, and the surrounding uses. Mr. Hall indicated the site is located in a Weld County Opportunity Zone and clarified, if the permit was suspended, that would only suspend the commercial activities associated with the home business permit, but the Use by Right and Accessory Uses would be allowed to continue. Et Lee CrazyBear, surrounding property owner (SPO), stated he lives at the end of Birch Avenue, which is a private road, and asserted Mr. Vega is using Birch Avenue for his trucks, opposed to using his own driveway. Mr. Crazy Bear relayed the SPOs are greatly impacted by the trucks using Birch Avenue, coming from Mr. Vega's property and the trucking company at 1433 Birch Avenue. George Hildred, SPO, stated he has been in opposition of the Zoning Permit for a Home Occupation Class II, ZPHB16-0015, since the time Mr. Vega applied for it, for the fear it would turn into a commercial operation. He relayed, during the application process, Mr. Vega promised it would just be a home office and "now he is running 12 trucks out of there". `' Barbara Varra, SPO, noted she lives across the street to the east, reiterated Birch Avenue is a private road, and indicated Mr. Vega has not complied with his home business permit. Ray Lordemann, SPO, stated he owns the home across the street, relayed there is a lot of truck traffic, expressed support for the suspension of Mr. Vega's permit, and in response to Chair James, relayed he cannot say for sure how many trucks go in and out of Mr. Vega's property. Steve Teets, Greeley resident, expressed concern that the permittee has not shown compliance with getting the property cleaned up since the Probable Cause hearing. Edwin Wayne Grant, Greeley resident, explained members of his family are buried at Linn Grove cemetery, his burial plot is at Linn Grove cemetery and asserted the cemetery is becoming surrounded by junkyards and industrial uses. El Joaquin Cruz, SPO, relayed he lives south of Mr. Vega's property on a third generation, family farm. He indicated the residential homes in the area are being boxed in by industrial uses. ei Commissioner Saine suggested suspending the permit and Chair James agreed. Mr. Barker advised, if the Board chooses to suspend the permit, they can schedule another hearing to see if the permittee has come into compliance and, if so, consider reinstating the permit at that time. !! Commissioner Freeman, moved to find there is adequate cause to suspend, effective immediately, Zoning Permit fora Home Occupation Class II, ZPHB16-0015, held by Santos Vega and Luz Yadira Vega, based on the finding by Planning Staff, and continue the Show Cause hearing until January 25, 2023, at 9:00 a.m., to allow Mr. Vega additional time to bring the site into compliance. The motion was seconded by Commissioner Buck, and it carried unanimously. There was discussion of the possible actions the Board could take at the January 25, 2023, 2022-2292 PL2539 HEARING CERTIFICATION - SANTOS VEGA AND LUZ YADIRA VEGA (PCSC22-0003) PAGE 3 hearing, including imposing a fine or revoking the permit, and the hearing was completed at 10:19 a.m. This Certification was approved on the 9th day of November, 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diat4) XL:tit Weld County Clerk to the Board BY: eputy Clerk to the Bo Scdit K. James, Chair Mike an, Pro-Te erry L. Bu Steve Moreno Lori Sain 2022-2292 PL2539 ATTENDANCE LIST 10- 1, -,Q[G7,2 NAME - PLEASE PRINT SLY eor e ADDRESS (CITY, STATE ZIP) �f g15EIOT 5 'kg ;4C P r,i4g,-, G1:' 3) v Le ---L ge, /co / cis• / 4 N . 14 In Q6 *\_ 1/`() COCI 1 Uw" O &, I ,c -I. Crc0k cowl a 2—rS P.0- G(Kce. SS EMAIL COUNTY OF SPEAKING RESIDENCE (YIN)? e© w0 OOO ULe °)/--(.6114( Co lr) C.�ii bT7'i'!G Y,e s ` ct LA) A `(e_s A)etd�I ATTENDANCE LIST I b- ZLp— zz NAME - PLEASE PRINT LEMMA Zc 1� �1 cn-Z✓' /rac(I j n as ran ADDRESS (CITY, STATE ZIP) 9 QT 1 � Ste,-(), X077 a9vU 2?/ii x,cP t.l 3I -15's cz) • S4v1,z, th"if (0 EMAIL t✓I `��e (,iv, �e ,C� e , c Ye s -6-aiyjoiwan ericykihavms COUNTY OF RESIDENCE Wad SPEAKING (YIN)? k) 4's Hello