The URL can be used to link to this page

Browse Search

Home My WebLink About20100479.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DAVID AND MARCIA POSS FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, David and Marcia Poss, ZCV#0900157, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 9th day of March, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, David Poss, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until April 9, 2010, in order to allow adequate time for the property owners to remove the noncommercial junkyard, including any derelict vehicles, remove the commercial vehicles, cease deliveries to the property, submit the application for a Flood Hazard permit, and for the necessary inspections of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0900157 be, and hereby is, referred to the Weld County Attorney's Office for legal action against David and Marcia Poss to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until April 9, 2010, in order to allow adequate time for the property owners to remove the noncommercial junkyard, including any derelict vehicles, remove the commercial vehicles, cease deliveries to the property, submit the application for a Flood Hazard permit, and for the necessary inspections of the property by the Department of Planning Services staff. 2010-0479 PL0824 (y? ` IPt( (//o L- Oy/oi 7/O VIOLATIONS-ZCV#0900157 - DAVID AND MARCIA POSS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �I. 1,a��.. ➢ ATTEST: a� i .� �� n��o� wc7 i rr .. [�ouglasiRademach r, Chair Weld County Clerk tot 41B.a*d �' -r — /' t�� : _ €G-ck '//t 6 i-' 1 ) {, arbara Kirkmey BY: er, Pro-Tern .� � , =a ' puty Clerk to the Boaet�,: ,d \ Sean P. Co ay /\ APP VEDA ilVam1 Gar is ounty ttorn lll � F °C.,..)/ Dadic4. Long • Date of signature: oc O/o 2010-0479 PL0824 Violation Summary Report BASIC INFORMATION POSS DAVID B & MARCIA K 7137 REFLECTION DR ERIE, CO 80516-9611 Compliance Officer: Bethany Salzman Violation Number: ZCV09-00157 Parcel #1 Situs Address: 7107 REFLECTION DR Legal: RB L1 REFLECTION BAY SITUS: 7107 REFLECTION DR WELD 000000000 Parcel #2 Situs Address: 7137 REFLECTION DR Legal: RB L2 REFLECTION BAY SITUS: 7137 REFLECTION DR WELD 000000000 Location: Location West of and adjacent to CR 3.25 and approximately 1/4 mile South of CR 16.5 North Continental View Pond (PUD/R-1), Agriculturally zoned properties and Frederick municipal limits South Agriculturally zoned properties, Highland Farms (PUD/E, A), Highview Ranch (PUD/E) and Approximately 1 mile North of Hwy 52 East Approximately 3/4 mile West of Frederick municipal limits West Approximately 1 mile East of Weld County Line (CR 1) and approximately 1/4 mile East of Erie municipal limits Parcel Number: 131329002002-R0897201 Acreage: 2.16 Certified Mail Date: 01/26/2010 Certified Receipt: 02/05/2010 Currently the property is in violation of: Chapter 23, Article 111(3), Division 5 E(Estate) Zone District 23-3-410 Uses allowed by right. 23-3-420 Accessory uses. 23-3-420.D HOME OCCUPATIONS. 23-3-420.G Parking and operation of one (1) commercial vehicle from the property, provided that such parking and operation are permitted through Section 23-4-950 of this Chapter. 23-3-430 Uses by special review. 23-3-430.H HOME BUSINESS. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. 2010-0479 Violation Summary Report REMEDY My records indicate your Home Occupation (HOC09-0006) has been approved for the home office. As we previously discussed this does not permit the presence of any commercial vehicles and/or storage of equipment and supplies. During our office meeting you indicated the supplies were to install a Geothermal system in a yet to be constructed building. We discussed in order for that to be a recognized argument a building permit must be issued. As a result you submitted a building permit application (BCR09-00484). Subsequently a Flood Hazard Development Permit has been required prior to release of this permit. Additionally, I now understand you have also applied for a building permit to replace a furnace in the existing house with a Geothermal system (BCR09-00549). Once these building permits have been issued, the presence of the commercial vehicles and supplies related to the installation of your Geothermal system will be temporarily acceptable but only for as long as it takes to install the systems. Afterwards all commercial vehicles and leftover supplies shall be removed from the property. Additionally, this would not permit any additional storage to be accumulated or removed for any other ongoing projects elsewhere. My records indicate that BCR09-00549 is scheduled to expire on February 22, 2010 and BCR09-00631 is scheduled to expire on February 23, 2010. Any future extensions requested for the building permit expiration date will not correct the presence of the commercial storage. Additionally, the presence of a NONCOMMERCIAL JUNKYARD is not an allowed use in the Estate Zone District. RECOMMENDATION The Department of Planning Services staff recommends that this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 06/01/2009 Complaint Validated 06/01/2009 LTTR: 5 Day Letter 07/27/2009 LTTR: Violation Notice 01/26/2010 LTTR: Hearing Notification OTHER CASE HISTORY 05/27/2009 Property Inspected Upon a visual inspection of the property, the following items were noted: there was at least 1 (one) commercial vehicle and appeared to be possibly others. See pictures dated 05/27/09. 06/23/2009 Office Visit Mr. & Mrs. Poss came to the Greeley Planning Office and met with Chris Gathman and I. We discussed the home office and advised them to submit a Home Occupation application to permit it. We also discussed the commercial vehicles and supplies. They intend to construct a building and install geothermal heating. I advised them that a building permit needed to be submitted and issued then. They said they would get one turned in. 02/05/2010 Certified Mail Receipt Certified Receipt received - signed. Esther Gesick From: Barbara Kirkmeyer Sent: Tuesday, February 23, 2010 6:17 AM To: 'Ildikoko@aol.com'; Dave Long; Douglas Rademacher; Sean Conway; William Garcia; Bruce Barker; Esther Gesick Cc: Bethany Salzman Subject: Re: Please read re: Case#ZCV09-00157 Harry and Ildiko Oyler We have received your information. It has been forwarded to the County Attorney and Clerk to the Board. It will become part of the public record and public hearing. Thank you for your interest and participation in this matter- Barbara Kirkmeyer From: Ildikoko@aol.com <Ildikoko@aol.com> To: Dave Long; Douglas Rademacher; Barbara Kirkmeyer; Sean Conway; William Garcia Cc: Bethany Salzman Sent: Mon Feb 22 20:09:33 2010 Subject: Please read re: Case #ZCV09-00157 • Dear Board of Commissioners: -a David Long, District 1 Douglas Rademacher, District 2 —Chair Barbara Kirkmeyer, District 3 Sean Conway, At-Large C William "Bill" Garcia, At-Large Since we will not be able to attend the March 9, 2010, 10:00 AM, Hearing, regarding Case #ZCV09-00157, we respectfully submit for your consideration our letter and nine pictures (see attached), which provide pertinent information from our personal knowledge and observation. Please confirm that you have received this e-mail, and please call or e-mail us for further clarification as needed. Thank you. Harry and Ildiko Oyler 1 1 Date: 2/24/10 To: Weld County Board of Commissioners: David Long, District 1; Douglas Rademacher, District 2 —Chair; Barbara Kirkmeyer, District 3; Sean Conway, At-Large; William "Bill" Garcia, At-Large CC: Bethany Salzman, Zoning and Compliance Officer, Weld County Planning and Building Department From: Ildiko and Harry Oyler, owners of Reflection Bay Lot 5 (7257 Reflection Dr., Erie CO 80516) Re: Case# ZCV09-00157, Alleged Weld County Code Violations by David and Marcia Poss, owners of: Reflection Bay Lot 1 (7107 Reflection Drive, Erie CO 80516); Reflection Bay Lot 2 (7137 Reflection Drive, Erie CO 80516) Comments: This is a very difficult letter to write. When you are part of a small Homeowners Association with only five lots in an HOA-maintained lakefront, residential development, and two of the lots belong to the same owners, it is especially crucial for everyone to cooperate and support one another to live in harmony. It would be unthinkable for any owner to deliberately ignore HOA Covenant rules, County codes, and attempts at resolution. Unfortunately, the unthinkable has happened. resulting in the need for your involvement. In spite of repercussions, we have decided to write this letter to assist you in determining the alleged Zoning Code Violations. Why are we doing this, when we are now living in Pennsylvania? The reason is that we have been battling cancer since 2007 and are desperate to sell our Lot 5 and get on with our lives. Dealing with this situation has been an ongoing, stressful, drain - on our time, finances, and health - and we want it to be over. We have strong reason to believe that at least one potential buyer backed out of a real estate deal with us because of the blatant violations. So. it has become clear to us that we cannot sell our lot until the owners of Lots 1 and 2 abide by the Reflection Bay HOA Covenants and also by the Weld County Code as it relates to operating a commercial business and keeping visible junk in a residential zone. This means that - until all their junk is cleared out, their commercial vehicles are no longer parked there, geothermal materials are not openly stored there, commercial vehicles no longer come and go regularly with geothermal construction materials being loaded and unloaded, and their employees/partners no longer regularly come and go - our lot is not marketable. Their junk. red barn, geothermal materials, commercial-type vehicles (trucks, and trailers), are, and have largely been, visible from WCR 3 '/4 and/or Reflection Drive, both of which are County roads. Please find an attached file of nine pictures exemplifying the apparent commercial business activities taking place at Reflection Bay Lot 1 (RBPicturesoflunkandGeothermal). One picture, taken on Sept. 1, 2009, shows a huge delivery of geothermal materials being unloaded from the delivery truck, when the Posses apparently already had a large supply of geothermal materials at their Lot 1 address. The dark- green truck in the picture apparently has ECONAR and PK Geothermal logos. This is an example of how trucks routinely come and go with deliveries to Lot 1, apparently for use in their businesses. A more recent delivery was made on Jan. 26, 2010, when an 18-wheeler truck backed up to the Lot 1 driveway and Dave Poss and two men drove their flat-bed trailer (which is usually parked in front of their house) down to the back of the 18-wheeler and transferred the geothermal materials onto their flat bed trailer and drove it back to their house. 2 going, currently from Lot 1, apparently for the purpose of transporting geothermal materials and/or conducting business. The employees/partners coming, going, and parking, apparently include Dave Poss,Nate Poss, and Robert Konrad. Marcia Poss is the registered agent for the three companies (Geothermal Design and Distributing LLC, PK Geothermal LLC, Design Wood Works Inc.), all having a Lot 1 business address (the businesses were previously listed at the Lot 2 address until 2009 when the Posses moved from Lot 2 to Lot 1). Since we are the original lot owners in Reflection Bay, we are well aware of the entire history and operation of the Reflection Bay development since 1999, so we offer you some background information to put this all into context. In 2001, builders Dave and Marcia Poss purchased Lots 1 and 2, first building on Lot 2 and then completing the construction on Lot 1 in 2007, all except for the landscaping, which still hasn't been done. In 2001, builders John and Erica Hepp purchased Lot 3 and built. In 2002, builders Greg and Lisa Balmes purchased Lot 4 and built. In June, 2007, Allen and Tina Reese purchased Lot 4 from Balmes and in October, 2007, Len Dolhert and Diana Healy purchased Lot 3 from Hepp. In August, 2007, we put our Lot 5 up for sale. Ironically, we had several offers to buy our unlisted lot over the years, but because the Posses showed interest, and they had invested a great deal in building multi-million dollar houses, we held out for them, to ensure that the value of the development would be maintained. Then when it became apparent they would not be buying our lot because they weren't able to sell their Lot 2 home, we put our Lot 5 on the market in 2007. However, because of the apparent ongoing HOA Covenant and County Code violations, we have not had a viable buyer. In 2005, Poss, Hepp, and Balmes put forward the notion of replatting to create two more building sites, on which Poss and Balmes would probably build. In May 2007, a $50K HOA loan was taken out by then-HOA Pres. Hepp on behalf of the HOA to ostensibly finance HOA maintenance and improvements (new irrigation pumps, aeration/maintenance of the lake, removal/replacement of dead trees, and replatting). With HOA approval, about $30K of the $50K loan was spent for everything except the replatting, which was still in the planning and research phase (we had several unanswered questions and concerns). When Balmes and Hepp moved in 2007, Dave Poss tried to move forward with the replat with Weld County, but Weld County required that all current lot owners agree. When that did not happen (adding more lots is in violation of the Covenants), the Posses said that if we would not agree to the replat, then they would not pay towards the HOA loan, or even pay their monthly HOA dues. They said that if we want to sell our lot and the loan is holding up the sale, then we would need to pay off their share of the loan, that they never will pay because had they known that the replat would not go through, they would not have gone along with the loan in the first place. They also said that if we won't pay it off, then they would just let the bank put a lien on the HOA common area and lake and that they don't care if that happens. Of course, had we known what we know now, we would never have gone along with the loan either, because it's a negative for selling our lot, but we will continue to abide by the legal contract the FIOA made with the bank and pay our monthly HOA dues, part of which goes towards the balance of the loan. To keep the HOA solvent to cover the ongoing expenses of HOA loan payments, lake maintenance (chemicals, water), electrical (pumps), BOA insurance, trash removal, common area mowings, repairs, 3 irrigation systems,tax preparation, etc., has been a huge financial drain for us and the remaining lot owners, to make up for the Posses' nonpayment of HOA dues for Lots 1 and 2 for the last 15 months. The HOA has also had unexpected major expenditures, such as replacing a pump that froze in the pump house because the electricity had been turned off. In addition, when an irrigation pipe was apparently intentionally jammed, blocking water from getting into the lake, trenches had to be dug and a new temporary piping system rigged up to get ditch water, which had already been purchased, into the lake. And recently the Posses apparently have been saying that - unless we allow them to conduct their geothermal business at Reflection Bay, unless the lien is removed from their lots for nonpayment of their HOA dues, and unless the replat moves forward - they will continue nonpayment to the HOA, though it is clear that they are benefiting from its operation and having an HOA is mandated in our Covenants. We have seen Dave and Marcia Poss build luxury homes on Lots 1 and 2 and grow their home-based geothermal business. When we learned that both homes went into foreclosure, we were surprised that they were still apparently moving ahead with plans to build a 4000 sq.' outbuilding on Lot 1, with geothermal heating and cooling. They applied for County permits to do this, apparently without consulting our current HOA. We oppose this because it is against our Covenants and because its purpose is probably to provide more space for their home-based geothermal business. In addition, they have continued to push for a Reflection Bay replat to provide for two more lots, for which they said they could pay $150K each. Interesting that they apparently could afford these expenditures, but apparently not HOA dues or mortgage payments. Please see pertinent excerpts from our Reflection Bay Declaration of Covenants below, to confirm that the Posses are not only violating Weld County Codes, but also our HOA Covenants. Though we moved to Pennsylvania in Oct. 2006, to help with family, we have maintained our involvement with the Reflection Bay Homeowners Association, serving as officers, attending HOA meetings via telephone conference calls if necessary, and maintaining communication with past and present HOA members and the original developer. In addition, we have been aware of the goings-on there via potential lot buyers, our realtor, and workers we have hired. If you would like to have additional information, please contact us. Thank you. Harry and Ildiko Oyler 6085 Greenbriar Terrace Fayetteville PA 17222 717-401-0071 ildikoko@aol.com Reflection Bay Declaration of Covenants Excerpts—(ICRIS #2808870—Note: Lighthouse Cove is titled on pages one and two, and Reflection Bay starts on page 3) Article 1: Definitions. 1.30 Lots that may be created means 5 Lots, which shall be the maximum number of Lots that may be subject to this Declaration. Article 7: Land Use and Other Restrictions 7.2 Land Use. No lot shall be used for any purpose other than single family residential purposes...or for a home occupation so long as such occupation a) is allowed by local zoning codes, b) employs no 4 outside employees, c) has no signage or parking requirements. Uses described as "day care" or"child care" facilities (licensed or unlicensed) are expressly prohibited except with the prior written permission of the Board of Directors. 7.4 Temporary Structures. (see red barn in photo) No temporary ... outbuilding shall be placed or erected upon part of the Planned Community except with the prior written approval of the Committee obtained in each instance. 7.5 Restrictions on Garbage and Trash. ...No trash, litter, garbage, grass, shrub or tree trimmings, scrap effuse or debris of any kind shall be permitted to remain exposed upon any Lot so it is visible from any neighboring Lot, Common Areas or from the street except that any container containing such material may be placed outside at proper times for garbage or trash pickup. 7.9 No Unsightliness. All equipment shall be erected within a garage...except when actually in use. No ... storage areas shall be located on any Lot so as to be visible from neighboring Lots, Common Areas, or from the street. No types of exterior refrigerating, cooling or heating apparatus shall be permitted unless approved by the Committee. 7.10 Utilities. ...All types of exterior refrigerating, cooling or heating apparatus must be approved by the Committee... 7.16 Vehicular Parking, Storage and Maintenance. No...hauling trailer,...truck larger than one ton, recreational vehicle or equipment,...or commercial vehicle may be parked or stored anywhere within the Planned Community so any portion of it is visible from neighboring Dwelling Units, Common Areas, or from the street...No emergency or temporary parking or storage shall continue for more than 72 hours....No abandoned, unlicensed, wrecked or inoperable vehicles of any kind shall be parked within the Planned Community except in garages or except in emergencies... Article 11: Maintenance. 11.3 Maintenance of Drainage Pattern. There shall be no interference with the established drainage pattern...over any portion of the Planned Community, except as approved in writing by the Committee. Approval shall not be granted unless provision is made for adequate alternate drainage...The established drainage pattern may include the drainage pattern from the Common Areas over any Lots within the Planned Community and from any Lot within the Planned Community over the Common Areas, or from any Lot over another Lot. 11.4 Association Responsibility...In the event such repair, maintenance, and/or reconstruction is resulting from the willful neglect or destruction by an Owner or such Owner's Guests, the Board of Directors shall have the right, after Notice and Hearing, to charge the costs of such repair, maintenance and/or replacement, to such Owner by an Individual Assessment... 11.5 Board of Directors. Access to all of the Lots within the Planned Community to perform the said repair, maintenance and/or reconstruction by the Board of Directors, its agents and employees shall be made pursuant to the maintenance easement granted in accordance with Paragraph 8.2 hereof. Article 5: Assessments. 5.1 Obligation. Each owner...shall be personally obligated to pay to the Association a) Common Expense Assessments, b) Special Assessments, c) Fines, d) Individual Assessments, and e) Costs of Enforcement, which shall be a continuing lien upon the Lot against which each Assessment is levied. 5.2 Purpose of the Common Expense Assessments. The Common Expense Assessments levied by the Association upon all Owners shall be used exclusively for the purpose of a) promoting the health, safety and welfare of the residents of the Planned Community and the Members of the Association, b) providing for the improvements, repair, maintenance and reconstruction fort the Common Areas, c) hazard insurance...and d) satisfying any other purpose, reasonable, necessary, or incidental to such purposes. Landscape Design Guidelines Criteria: Each unit shall be landscaped within 6 months of the issuance of the Certificate of Occupancy. his I r 1 ri• ; g I y : -.-, Jr T 4.•3 �. ' L a '"t 1 1. f- _ • • r •gip { ~ ' ik 11 I lit . 4 .3) ' �i fit,, FL - s. — Tar 1 l I • .1 I Ip- i _ . y _ , fl. ' 11 r I it 1 • � I I % fI 1i I • *i • i • ill 2 t-.. .•iiif lit • _M 1 I N• • iI I. i .,, i t Y I I ./_I 1I .M• - ! . ` !Jr ' Jr 4 • e• ��$- • I t _ r 'fit .y�� -• - -a. 444 1 . I f f li I' ,Mr • M ♦� • r { • i i • ._III '�- - .- II I • Is rr - f •. 1. ..- • .. J� • � r — , F F 4 G - - ' •�. 1 I • 1� � � lam . J 4111 yV •. ..."$ 'd.(41:: , _.. , r 1 bee V - •i illi t I - � 1 - .f. _ ' _ y �i�r. Ste' . • y • fr.i t tr .1-- if I. • • • it r • _ t I • = 4 IC 1 l I. At • - -$ :4 - - - - , M. . . I \viek }1 . . ._ _ • . i • . r . . .. 1�. . , , , . .. . . , . • , . , ,. _„ . ,• . , , . . . . .. ". d. .4 • 11/4 .1: - v r Li ' II- I i .4p ._ . , _..... , .. . .e. .. , , ____ ._ 11 . . . . r ,, .. 44 ,r i • . > ' I 1 llr— t ril . la ' 0� • '; \ � I i1 . r C t '' � t 1A iri . ii, . It \t \ik , k ', % I, , 1, ` 1ii t , N . i 614 t , 1 � 1 � i , Ik i i ! I It,I f1 � .' l rrt ; : t 1 ll li t i la I I !\ i — \hill' 1 1 , I ti . i , I , . la , II ,,E ;, i i ., . ! i'a 4., ' ' I 101,101:: : I, I. i , . i OS t . 144 \ i i T R 4 - ..1/ -: rIC # fI. 7 . l .i 4 . a ` le i I - '' \Fr i I . 1.., 11/44,, `f I 7_a / - 1 11 I • il At S s _ y, 4) r 1 t ,' ..[//r .:-..- M 41- f . ter ' _11 `s • fr • - 1 li it--'- . ., 4' y .11 rt — • le il _ • % Y • I . ( _ I , l it ilk, • , • • I 44 • 1, lit .1 , w- it S 1 ''. . - • r 1-- ' , i -. - • es.. '•-..t?. , - i • ...; �� P , y • • . . ., to 4 . • . i , ' , • le 44 r • i- r - -A • Y I. i . • 1 . .t . P , J u . 3 `fir . - / r_ .44-4-_-__--- 1� ifff . ..._, idif _ ._ __. _ ,. . . . • .44. 1. C• ` a :-p a _ • ae:3+to• ' - .2 •(y Y -- I I 1 - ' I I ( L I 1 ! • s� nrcw ••_. :4 _ - I 1 1 ' • ' J I I . I • w ( � • • j 1 makew r� z . I- i TI. • 1 Id 1 • �_2f- -.�,••ice: - ` '• el - , '. } r x `\t\\�, << l rte_ j �l. _� ,N • !JI 11• I. 1 II y l ,a •'' ' h � .'f • - aft 44 ,` �y 4 fIn \ 4I I. ' } • ,.! .4:•ii. ear: , ... oil, •1::::.: t: --ki: 0% I 1 . ..;_ ,.101-1. i ' •• • — a. ..:.... -/ s ' Pe ,e..-- -- : - ,- c_... r. f. f �;' t tic. .,7 'f, - I Z .1 -sue _ .e-' `y' ' `j •C Vierri 's * 1 '•• fmne -- —=tea- . i t • .2. ",r- ..., . - kr_n_l_r - ---.- . .. - alialat ;9 , - - _ " - • T. ■ -� 1 r _. t•-:.r _. i '+ 4 . I lr ''.. - 14'•x: i r t, 11`-,5,-, ,may ? • �� v '''''''-}4-i.: ^- •- 1 l.. � �, 1 . r • ,* 5. 44"-`... ;• '. - • + - • _ 1 ♦ `yam 'q - - ' yr� Vk_7: - t"'�C -�YJ1! a �. l -, • . .' �wr9� '` .- ` `— �. a • y 1 _� 1l ,:.•'" \1�. �-. V� - 1 '' ! ' J]j_ -•'1 t • ". /'6_' '..-- ` �. ) •Ta .. •.i w., .r r• ✓+, ter' Q . . . 1 '. T :. 1• . 1 { 1 ■! `4 :� ,1`, t f �,� r " I . i f tip•-�:;.� %si.al'' „ . - -- • i s - • • I ` 1 • - • '� -• �+. iy �` ; ' .� t to` - . r_ *"' � . 4r r , sue • • • - 'ire, l • . . 1 , / �.•. mar �- y. .1.7:-. ... ..i.::. -_,. .4 --.-04t.-4(--;"se., af'. .f.,-- -- i • ,,,.. ', -11-.: . i :- s, ii. . ...• r 7 1 I T; ir r 4 t r ,1 J(((r 1 1 • I_ I \ r , 1 I r e . wr I - _ - N--- ..tit l w• tic; ark . ` `+� 1 • T. r_ _ -rd. ( . `, . i t I . 4l % ' i O O—.I I 1 , ntrri • 1s II 1 IF ,_ . 1 - • . - . , 11 t 1 V - - - 4� 1641414141C1 C 1 r i,eitilill \ t a. st,Ct. -... e . j u � Cf \1cdiagi.• -.1f a , * I_. w r -t `- k-- • 'j Li --"' .. 1 ' 1,- i 1♦ F' 1 i \\i,. , . • t• it ,, t .i 1; • 4 h - - ti '_ c vir ''' � , t1 N`' i. 17,---: nY . , �� L"t \IA^ Qom. _ �'.. _ Iill I' ge. • 4Vw r } � I , Fes• fl �•'. c �_ 1 ', sf�'F`�Rs` ^ • Or II 'a r) IIt � { 'i y I ! 11,t , i� ,_ .. . I - �. _ I- I •••.".) __ • • -r r - i f ' lea I � y r J � `I i>li�rl 1i di-1 C II il , 1 I. `•_ ay , 41, I I - _ ril 5 • i 'ek t I` •t I I ; . ' j oj i ,.fi I t w 1. '.. • r Ii i. • I. 4 1 , - i e - - r--4 war mt1/44.0 ...kb • av I. lma an it -tine," t 1. "it• ; Il r7ic% .ik � � 1 f ♦f ..1,„. r 6 4 }it \Ila 2 al el LID IIIN le- .... tt ,is.........::: 11 Ill . -.f•- 4:I ' • • • 1 1ill : • ' A 4 Y it": t: ♦ _• • - y l I -I/tom.-: r ..� .• e I , _,1 - • • 1. - • �� , _�. . -a , 1 Date: 2/22/10 To: Weld County Board of Commissioners: David Long, District 1; Douglas Rademacher, District 2 —Chair; Barbara Kirkmeyer, District 3; Sean Conway, At-Large; William "Bill" Garcia, At-Large CC: Bethany Salzman, Zoning and Compliance Officer, Weld County Planning and Building Department From: Ildiko and Harry Oyler, owners of Reflection Bay Lot 5 (7257 Reflection Dr., Erie CO 80516) Re: Case# ZCV09-00157, Alleged Weld County Code Violations by David and Marcia Poss, owners of: Reflection Bay Lot 1 (7107 Reflection Drive, Erie CO 80516); Reflection Bay Lot 2 (7137 Reflection Drive, Erie CO 80516) Comments: This is a very difficult letter to write. When you are part of a small Homeowners Association with only five lots in an HOA-maintained lakefront, residential development, and two of the lots belong to the same owners, it is especially crucial for everyone to cooperate and support one another to live in harmony. It would be unthinkable for any owner to deliberately ignore HOA Covenant rules, County codes, and attempts at resolution. Unfortunately, the unthinkable has happened, resulting in the need for your involvement. In spite of repercussions, we have decided to write this letter to assist you in determining the alleged Zoning Code Violations. Why are we doing this, when we are now living in Pennsylvania? The reason is that we have been battling cancer since 2007 and are desperate to sell our Lot 5 and get on with our lives. Dealing with this situation has been an ongoing, stressful, drain - on our time, finances, and health - and we want it to be over. We have strong reason to believe that at least one potential buyer backed out of a real estate deal with us because of the blatant violations. So, it has become clear to us that we cannot sell our lot until the owners of Lots 1 and 2 abide by the Reflection Bay HOA Covenants and also by the Weld County Code as it relates to operating a commercial business and keeping visible junk in a residential zone. This means that - until all their junk is cleared out, their commercial vehicles are no longer parked there, geothermal materials are not openly stored there, commercial vehicles no longer come and go regularly with geothermal construction materials being loaded and unloaded, and their employees/partners no longer regularly come and go - our lot is not marketable. Their junk, red barn, geothermal materials, commercial-type vehicles (trucks, and trailers), are, and have largely been, visible from WCR 3 '4 and/or Reflection Drive, both of which are County roads. Please find an attached file of nine pictures exemplifying the apparent commercial business activities taking place at Reflection Bay Lot 1 (RBPicturesofJunkandGeothermal). One picture, taken on Sept. 1, 2009, shows a huge delivery of geothermal materials being unloaded from the delivery truck, when the Posses apparently already had a large supply of geothermal materials at their Lot 1 address. The dark- green truck in the picture apparently has ECONAR and PK Geothermal logos. This is an example of how trucks routinely come and go with deliveries to Lot 1, apparently for use in their businesses. A more recent delivery was made on Jan. 26, 2010, when an 18-wheel flat-bed trailer truck backed up to the Lot 1 driveway and geothermal materials were unloaded and received. The rest of the pictures (seven of which taken on Sept. 7, '09, and one taken on Sept. 8, '09) show the junk, geothermal piping materials, trucks (including the royal-blue F-150 with ECONAR logo that Dave Poss drives), and trailers (including the PK Geothermal trailer). The vehicles are regularly seen parked, or coming and 2 The rest of the pictures (seven of which taken on Sept. 7, '09, and one taken on Sept. 8, '09) show the junk, geothermal piping materials, trucks (including the royal-blue F-150 with ECONAR logo that Dave Poss drives), and trailers (including the PK Geothermal trailer). The vehicles are regularly seen parked, or coming and going, currently from Lot 1, apparently for the purpose of transporting geothermal materials and/or conducting business. The employees/partners coming, going. and parking, apparently include Dave Poss, Nate Poss, and Robert Konrad. Marcia Poss is the registered agent for the three companies (Geothermal Design and Distributing LLC, PK Geothermal LLC, Design Wood Works Inc.), all having a Lot l business address (the businesses were previously listed at the Lot 2 address until 2009 when the Posses moved from Lot 2 to Lot 1). Since we are the original lot owners in Reflection Bay, we are well aware of the entire history and operation of the Reflection Bay development since 1999, so we offer you some background information to put this all into context. In 2001. builders Dave and Marcia Poss purchased Lots 1 and 2, first building on Lot 2 and then completing the construction on Lot 1 in 2007, all except for the landscaping, which still hasn't been done. In 2001, builders John and Erica Hepp purchased Lot 3 and built. In 2002, builders Greg and Lisa Balmes purchased Lot 4 and built. In June, 2007, Allen and Tina Reese purchased Lot 4 from Balmes and in October. 2007, Len Dolhert and Diana Healy purchased Lot 3 from Hepp. In August, 2007, we put our Lot 5 up for sale. Ironically, we had several offers to buy our unlisted lot over the years. but because the Posses showed interest. and they had invested a great deal in building multi-million dollar houses, we held out for them, to ensure that the value of the development would be maintained. Then when it became apparent they would not be buying our lot because they weren't able to sell their Lot 2 home, we put our Lot 5 on the market in 2007. However,because of the apparent ongoing HOA Covenant and County Code violations, we have not had a viable buyer. In 2005. Poss, Hepp, and Balmes put forward the notion of replatting to create two more building sites, on which Poss and Balmes would probably build. In May 2007, a $50K HOA loan was taken out by then-HOA Pres. Hepp on behalf of the HOA to ostensibly finance HOA maintenance and improvements (new irrigation pumps, aeration/maintenance of the lake,removal/replacement of dead trees, and replatting). With HOA approval, about$30K of the $50K loan was spent for everything except the replatting, which was still in the planning and research phase (we had several unanswered questions and concerns). When Balmes and Hepp moved in 2007, Dave Poss tried to move forward with the replat with Weld County, but Weld County required that all current lot owners agree. When that did not happen (adding more lots is in violation of the Covenants), the Posses said that if we would not agree to the replat, then they would not pay towards the HOA loan, or even pay their monthly HOA dues. They said that if we want to sell our lot and the loan is holding up the sale, then we would need to pay off their share of the loan, that they never will pay because had they known that the replat would not go through, they would not have gone along with the loan in the first place. They also said that if we won't pay it off, then they would just let the bank put a lien on the HOA common area and lake and that they don't care if that happens. Of course, had we known what we know now, we would never have gone along with the loan either, because it's a negative for selling our lot, but we will continue to abide by the legal contract the HOA made with the bank and pay our monthly HOA dues, part of which goes towards the balance of the loan. 3 To keep the HOA solvent to cover the ongoing expenses of HOA loan payments, lake maintenance (chemicals, water). electrical (pumps), HOA insurance. trash removal, common area mowings, repairs, irrigation systems. tax preparation, etc., has been a huge financial drain for us and the remaining lot owners, to make up for the Posses' nonpayment of HOA dues for Lots 1 and 2 for the last 15 months. The HOA has also had unexpected major expenditures, such as replacing a pump that froze in the pump house because the electricity had been turned off. In addition, when an irrigation pipe was apparently intentionally jammed, blocking water from getting into the lake, trenches had to be dug and a new temporary piping system rigged up to get ditch water, which had already been purchased, into the lake. And recently the Posses apparently have been saying that - unless we allow them to conduct their geothermal business at Reflection Bay. unless the lien is removed from their lots for nonpayment of their HOA dues, and unless the replat moves forward - they will continue nonpayment to the HOA, though it is clear that they are benefiting from its operation and having an HOA is mandated in our Covenants. We have seen Dave and Marcia Poss build luxury homes on Lots 1 and 2 and grow their home-based geothermal business. When we learned that both homes went into foreclosure, we were surprised that they were still apparently moving ahead with plans to build a 4000 sq.' outbuilding on Lot 1, with geothermal heating and cooling. They applied for County permits to do this, apparently without consulting our current HOA. We oppose this because it is against our Covenants and because its purpose is probably to provide more space for their home-based geothermal business. In addition, they have continued to push for a Reflection Bay replat to provide for two more lots, for which they said they could pay $150K each. Interesting that they apparently could afford these expenditures, but apparently not HOA dues or mortgage payments. Please see pertinent excerpts from our Reflection Bay Declaration of Covenants below, to confirm that the Posses are not only violating Weld County Codes, but also our HOA Covenants. Though we moved to Pennsylvania in Oct. 2006, to help with family, we have maintained our involvement with the Reflection Bay Homeowners Association, serving as officers, attending HOA meetings via telephone conference calls if necessary, and maintaining communication with past and present HOA members and the original developer. In addition, we have been aware of the goings-on there via potential lot buyers, our realtor, and workers we have hired. If you would like to have additional information, please contact us. Thank you. Harry and Ildiko Oyler 6085 Greenbriar Terrace Fayetteville PA 17222 717-401-0071 ildikokoia aol.com Reflection Bay Declaration of Covenants Excerpts —(ICRIS #2808870—Note: Lighthouse Cove is titled on pages one and two, and Reflection Bay starts on page 3) Article 1: Definitions. 1.30 Lots that may be created means 5 Lots, which shall be the maximum number of Lots that may be subject to this Declaration. 4 Article 7: Land Use and Other Restrictions 7.2 Land Use. No lot shall be used for any purpose other than single family residential purposes...or for a home occupation so long as such occupation a) is allowed by local zoning codes, b) employs no outside employees, c) has no signage or parking requirements. Uses described as "day care" or "child care" facilities (licensed or unlicensed) are expressly prohibited except with the prior written permission of the Board of Directors. 7.4 Temporary Structures. (see red barn in photo) No temporary ... outbuilding shall be placed or erected upon part of the Planned Community except with the prior written approval of the Committee obtained in each instance. 7.5 Restrictions on Garbage and Trash. ...No trash. litter, garbage, grass, shrub or tree trimmings, scrap effuse or debris of any kind shall be permitted to remain exposed upon any Lot so it is visible from any neighboring Lot, Common Areas or from the street except that any container containing such material may be placed outside at proper times for garbage or trash pickup. 7.9 No Unsightliness. All equipment shall be erected within a garage...except when actually in use. No ... storage areas shall be located on any Lot so as to be visible from neighboring Lots, Common Areas, or from the street. No types of exterior refrigerating, cooling or heating apparatus shall be permitted unless approved by the Committee. 7.10 Utilities. ...All types of exterior refrigerating, cooling or heating apparatus must be approved by the Committee... 7.16 Vehicular Parking. Storage and Maintenance. No...hauling trailer....truck larger than one ton, recreational vehicle or equipment....or commercial vehicle may be parked or stored anywhere within the Planned Community so any portion of it is visible from neighboring Dwelling Units. Common Areas, or from the street...No emergency or temporary parking or storage shall continue for more than 72 hours....No abandoned, unlicensed, wrecked or inoperable vehicles of any kind shall be parked within the Planned Community except in garages or except in emergencies... Article 11: Maintenance. 11.3 Maintenance of Drainage Pattern. There shall be no interference with the established drainage pattern...over any portion of the Planned Community, except as approved in writing by the Committee. Approval shall not be granted unless provision is made for adequate alternate drainage...The established drainage pattern may include the drainage pattern from the Common Areas over any Lots within the Planned Community and from any Lot within the Planned Community over the Common Areas, or from any Lot over another Lot. 11.4 Association Responsibility...In the event such repair, maintenance, and/or reconstruction is resulting from the willful neglect or destruction by an Owner or such Owner's Guests, the Board of Directors shall have the right, after Notice and Hearing, to charge the costs of such repair, maintenance and/or replacement, to such Owner by an Individual Assessment... 11.5 Board of Directors. Access to all of the Lots within the Planned Community to perform the said repair. maintenance and/or reconstruction by the Board of Directors, its agents and employees shall be made pursuant to the maintenance easement granted in accordance with Paragraph 8.2 hereof. Article 5: Assessments. 5.1 Obligation. Each owner...shall be personally obligated to pay to the Association a) Common Expense Assessments, b) Special Assessments, c) Fines, d) Individual Assessments, and e) Costs of Enforcement, which shall be a continuing lien upon the Lot against which each Assessment is levied. 5.2 Purpose of the Common Expense Assessments. The Common Expense Assessments levied by the Association upon all Owners shall be used exclusively for the purpose of a) promoting the health, safety and welfare of the residents of the Planned Community and the Members of the Association, b) providing for the improvements, repair, maintenance and reconstruction fort the Common Areas, c) 5 hazard insurance...and d) satisfying any other purpose, reasonable,necessary, or incidental to such purposes. Landscape Design Guidelines Criteria: Each unit shall be landscaped within 6 months of the issuance of the Certificate of Occupancy. imp COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us January 26, 2010 POSS DAVID B &MARCIA K 7137 REFLECTION DR ERIE. CO 80516-961 1 Case: ZCV09-00157 Legal Description: RB L1 REFLECTION BAY SITUS: 7107 REFLECTION DR WELD 000000000 RB L2 REFLECTION BAY SITUS: 7137 REFLECTION DR WELD 000000000 Dear POSS DAVID B & MARCIA K: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 03/09/2010 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 5 E(Estate) Zone District 23-3-410 Uses allowed by right. 23-3-420 Accessory uses. 23-3-420.D HOME OCCUPATIONS, 23-3-420.G Parking and operation of one (1) commercial vehicle from the property, provided that such parking and operation are permitted through Section 23-4-950 of this Chapter. 23-3-430 Uses by special review. 23-3-430.H HOME BUSINESS. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. 4(tvij- ei COLORADO • WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us To bring your property into compliance with the Weld County Code: My records indicate your Home Occupation (HOC09-0006) has been approved for the home office. As we previously discussed this does not permit the presence of any commercial vehicles and/or storage of equipment and supplies. During our office meeting you indicated the supplies were to install a Geothermal system in a yet to be constructed building. We discussed in order for that to be a recognized argument a building permit must be issued. As a result you submitted a building permit application (BCR09-00484). Subsequently a Flood Hazard Development Permit has been required prior to release of this permit. Additionally, I now understand you have also applied for a building permit to replace a furnace in the existing house with a Geothermal system (BCR09-00549). Once these building permits have been issued, the presence of the commercial vehicles and supplies related to the installation of your Geothermal system will be temporarily acceptable but only for as long as it takes to install the systems. Afterwards all commercial vehicles and leftover supplies shall be removed from the property. Additionally, this would not permit any additional storage to be accumulated or removed for any other ongoing projects elsewhere. My records indicate that BCR09-00549 is scheduled to expire on February 22, 2010 and BCR09-00631 is scheduled to expire on February 23, 2010. Any future extensions requested for the building permit expiration date will not correct the presence of the commercial storage. Additionally, the presence of a NONCOMMERCIAL JUNKYARD is not an allowed use in the Estate Zone District. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. act,, ,...., vi I D C COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail: bsalzman@coweld.co.us Sincerely, 173c -`�`'( 0 Bethany Salzman v S s2 0 Zoning Compliance Officer II N cti pc: ZCV09-00157 a O,--z-_>- z e j_9 0 > D D . D cc 4 • U o m ee' _n 1 DS.Postal Senate-. ° V au CI ¢ CERTIFIED MAIL. RECEIPT z �" ° g mN "' Umestic Mail Only;No insurance Coverage Provided)_ _ g • 91 000 g. uT S lFnrdellveiy information'ntormaIowvisItour.vebs1teatwwwusptcom® w L . Lr - s IT I CO %J a Qr c-- ,' m 'm ' r-R Z. � .j a I ❑ o w e . N 0 Postage $ Lu G G w m .r. AP.' n _' v 8i'_ _a Certified Fee a. ar 8 0 U ¢ N CI ¢ Sly V; o u ¢ m p Return Receipt Fee Postmark o ¢ K m gyp " M ❑ ❑ a ¢ Here c (Endorsement Required) r9 iti O Restricted Delivery Fee r1l C .A (Endorsement Required) v o a d a O ' m r'R U'�L O.E Li Total Postage&Fees $ N to r- E 0 i Sent]o {(\��Tye j�� 1 r (I�(�p q �-,� O y ( - (. 0 `Jll�-..t(_—�.L'L.U.1Q __I-_1._b..Y1 L.y.LI•. • O P2 a /7 �3 Stree:.APt.No., Plat p/'j�.,�,., ('� O N e o « (� LiI 1 PO B0c No. -1 cbn l Y.1..4C-L_�:IL.'r.loc' Q m "O p L',--ft Sra,e.Zr+ i (l n 'r-- l - C CJ a r.D! 0 U - n J o II±S fnem �o�:lurne rD2 (.. l5eeaeiarsallor lney• i..s,l N Q m-a) % C J n co m m L N • NyhTh d 1l ('�! c� N h a « N G V o N I (Tb �J 2 E T d.- 0 3 --= /� (�- - T L Q n .. Z y [`'J EEIE$ mo u V.- n 2c ■ ■ ■ — --r c.; a 1 Date: 9/22/09 To: Reflection Bay Homeowners Association Len Dolhert, President, Homeowner of Lot 3, 7167 Reflection Dr., Erie CO 80516 From: Ildiko Oyler and Harry Oyler, Reflection Bay Homeowners of Lot 5, 7257 Reflection Dr., Erie CO 80516 Home address: 6085 Greenbriar Terrace, Fayetteville PA 17222 Re: Document dated Feb. 18, 2005, titled "Amendment to the Declaration of Covenants, Conditions, And Restrictions Of Reflection Bay" that we consider to be invalid References: - Legal description: Reflection Bay PUD, subdivision in Weld County, Lots 1-5 29 2 68 SW4 SW4 - The Declaration of Covenants, Conditions, and Restrictions of Reflection Bay 11/16/00 Copyright, William A. Love esquire - Amended Declaration of Covenants 4/3/01 Weld County Clerk and Recorder's Office, Instrument#2837664 Background On Feb. 18, 2005, the three members of the Reflection Bay Design and Review Committee, in their restricted capacity as Committee members, signed a document titled"Amendment to the Declaration of Covenants, Conditions, And Restrictions Of Reflection Bay," the purpose of which was to attempt to amend the Covenants to authorize the building of a maximum 4000 sq. ft. Outbuilding, which would otherwise have been in violation of the Covenants. The signers were: Dave Poss, John Hepp, and Greg Balmes (Note: Greg Balmes and John Hepp have since sold their Reflection Bay properties). This "so-called amendment" was apparently initiated by Dave Poss, who allegedly planned to build a maximum 4000 sq. ft. Outbuilding on his Lot 1. Comments For the following reasons, we hereby hold the Feb. 18, 2005, document illegal, invalid, and in violation of The Declaration of Covenants, Conditions, and Restrictions of Reflection Bay and its intentions. We understand that Dave Poss has recently applied for a Building Permit to build an Outbuilding on his Lot 1, 7107 Reflection Dr., Erie CO 80516, maximum size to be 4000 sq. ft., and we want to formally object to his using the 2005 document as supporting evidence that the Reflection Bay HOA members support and legitimize this. In fact, we strongly oppose it and we cite excerpts from the Declaration of Covenants, Conditions, and Restrictions of Reflection Bay to support our contentions as follows: • The Design Review Committee's action violated Article 15.2, which states that amendments to the Covenants be made by 80% of the Owners. It follows, then, that an amendment cannot be voted on exclusively by a majority of a designated Design Review Committee. This "so-called amendment" was never put to a vote at an HOA meeting for all the Owners to consider. We are pressed to object now because though Dave Poss' Lots 1 and 2 properties are in foreclosure and he said they did not even have enough money to pay HOA dues of$200 per month per Lot(they have been in arrears for about 10 months), he apparently still recently applied for a building permit for a maximum 4000 sq. ft. Outbuilding on his Lot 1 and seems to be pushing forward. • The Design Review Committee's action violated their scope of authority as defined by Article 1:18, which states the purpose of the Design Review Committee is "...to review and approve or disapprove plans for Improvements as defined h _ in..." It is not stated that this Committee has any authority to unilaterally amend the Covenants. • Even if an amendment had been voted upon and passed by 80%of the Owners, rather than by the three Design Review Committee members, it would still not be valid today because Article 15.2 requires a notarized Certificate of the Secretary of the Association certifying that the requisite number of Owners had given their written consent to the amendment, and this was not done. • Article 15.2 also states that an amendment voted upon and passed by 80% of the Owners must be recorded within three years of the signing by 80% of the Owners, and this was not done. • Given Dave Poss' alleged past and current use of Lot 1 for business purposes, we contend that the maximum 4000 sq.ft. Outbuilding he would build would most certainly be designed to accommodate a business-related activity, which would illegally"change the use to which a lot is restricted," per Article 15.2 c. It would also violate Article 7.2: Land Use and Other Restrictions, which states: "....no lot within the Planned Community shall be used for any purpose other than single-family residential purposes as generally defined or for a home occupation so long as such occupation(a) is allowed by the local zoning codes, (b) employs no outside employees...". In fact, Reflection Bay is not zoned for commercial business, according to Weld County code, and we understand that Dave Poss is currently being investigated by Weld County for allegedly illegally conducting his geothermal business from his Lot 1 property. Please, then, note our formal objection to Dave Poss' using the Feb. 18, 2005, "so-called amendment document" as supporting evidence for his application to build a maximum 4000 sq.' Outbuilding on his Lot 1, Reflection Bay. Sincerely, Ildiko Oyler d CAA Ildiko Oyler and Harry Oyler Har OyT CAA._ Note: Ildiko Oyler currently serves as Reflection Bay HOA Secretary and Harry Oyler currently serves as Reflection Bay HOA Vice President COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF FRANKLIN On this 22nd day of September, 2009, before me a notary public, the undersigned officer , personally appeared Ildiko Oyler and Harry Oyler, known to me to be the persons whose names are subscribed to the within instrument, and acknowledge they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. dayatn /144J9 Sandra K. Heckman, Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sandra K.Heckman,Notary Public Guilford Twp.,Franklin County I My Commission Expires Sept.7,2010 Mena'- '^-"aylvania Assoc.:a!io,!of Notaries riaF -4° C9 • e°A°�lI `FE s_EQt o . 1i plips o lA 9'axlc..ae 9 e k O 8 y le�`�`�by 1 4m��°t ° tl8:.c:?=";INA4Ta d 14 : °: E 4 y I Eygl; s A& I °� g6FBFpi'd • A§Aax lY l 6; a a zla&P (UG a '�k{°: 4 m° p i° sc=lde.IIEla..,s; ..3. i it aA li'M CrNig i8e & *„- ,.° r J @l 4 ,'Al ekghy;A:xa4h+k'.o. ° s° a g§l€Y 4 �Ialf 6, 6Pbtsa . % , a^ g �r t y69.al.. 6 A_R a ah ea S. . . sY 6 `cY q°�s a 79gg16 ,•6 ' k egYa .,I: ' @c r d t xis- .pars- x..a a, a k $cl°� P a}e°na .. � EQyQ ₹ k 3r ' , $x�"-3tia El 'a .,aaR y5 go o l'P °`° 5 g.F'Pppa i- a e .� ....vg g yr °Y f i A IAA s 1 l 26 tq d 26-ti gil i l" 3 e, ° s° p L 688 668x8888688 i as s•_F % p e d 3la § _ ; 5 ek ap . ¢ F 4 ,la::.,...9as.Aaaxaae W¢x 6e°. a �� !° �J5 '�, n &q a 5811u1 e;+ l� s f 1 l a�eaaaeaae&ciudi2 cyc0 v7 �, .0 &l i 6„&&tp p F r L g ° aQ 4e;a°� -se IS =4 lB xtR E 'gag.i° 6 F „ 2 Y a P.; + -dceiq' •gt [p5&�c 2F ; itii-I gig & . il" e. 1pJrl Erpli97Qr`S l:iil Ili pF 6 spiel S' p1 6 F" i P F 4 9 _` Ji f e J,S° gaig.Jr�i 1'r- i.•gi ` l ! , 1 a 9 pp 3. P' 4 g l 4 i vi .it' ill Q g :• 5 i 5a•ii@ is i'g ip }; r eiP� 4P ti eP l Qq��a !� l+p !'E 1 9 i E g 'ei° le ig ` ! 'e :� ai 1 :ill d p G" ` III' i¢"JY E°e ,e5P:P lQP 'l. b , o. sl`g° ill �i s 9, i F. Q° q : !, g O g = - 4 F s i i ,il9P7 littil i•fPi g:ip Piip ey i ii :pitg a q lilt lr :e= s `q• lx° ! 1,g B g I:1E, p° til. :I' S ! , ii!. a o °,i 5tr ip Pl hip L 8 p' e e yy ld, e• e1{it°55 x !'SP q` ;P S 9pai ° .1 Qi4 F E Eli. II_ p 2l a i; i1� Ji e i :° r liE� tilt I pp° I It Ci J F f`i.8 i". lae@.�l it." i4 'o i re p i ; 9 ri€ P! a rl Q Yr J b. r ty : e i I p9.° ! e "ss i Alr El,° r•b F �_ Bsl� F7•�g ; il�d� i �l F +S if Eag a q q; Yag it p°3 g ! Q +9�9�ixeF = !! OILY r i a�€ i6Fegrp ®( l'E¢Fsge6 :Yp p S !Fur !l i, pp •r` e"- i ,� ' z g. 11 ®C s Qe dd !'9rl 9 J 0.0,0!, A'. ,1 " Y: F° AQ' 6`'S 7;1 ei4° ,„1 , i C , 4l l r4 tl a� E%q o° ,p a es ((le a g5° gt� Q 6 l�'Pit lQ6 i °Q i ,{g,J#1 a °' 4 ' r! la4al ail Oil: II: qi riVh aE ` €gP9iQ `5E q � CQ°e 241A G ah�Q A9 l I° �9l=. °tly i x 6�; gi q�Sgia. L e iQ • le" l° ° eeP i �9i A It I: a °ttrl;i l e t0 'ti; ii 4i 3 J' Q It ih ahyi QIty i it ,t Q Fgi°. F .Q� i Si E fearr if 2i � -i9P z i QQ r 9 eiq- GY ;°�l�r J l`�3 t 11F 5i g4� � it la.J5S l'il lad iS g�:il l : F pi a 9.ri 3l°e e+ ESYe Qg °e..Y E , RE asi e` B c' Ql^ gAiQ°t {ll l°sJPSSP ° Qggllietqti4pi 73 Yi pgg il apY r :lay Ei i;7glg !go: 56 8! gFF l P. :Ea lE 46 i• 5gJ Y4'P q �'it05 5°Ygp ER P Y° _ :l4Pr:l Ol 1 !tit! :Qtl :eBA it Olt it 7i 1Fc: 131 !tit Ile g4n a .l1eR lPQai .bin ,Iiieli v r3 (e rP i @� gal �l l 4 i s pl $_ � � -, " , , " _ _ _ _ _ _ _ _ - c e _ _ , 5 ° 5 5 ^r 5 ig;4 Bill] a. iCl le5likk; CAP; 1111 C wxwe n mrel EA a il sir swans symoo ay lfr-J' -LS E [0't[e 6.AlQN5—_ }yr � - MN,101'4088 m o� ,c ♦ e PA(bO No z. /I, le tqx E to a Ya , I ®�R / f/ UB_ Y' .d-, __y �1J.7 �. // :; p . 6. ! . l cn o d".. I. . . * ��m I I �r] l l a• 1 8Ftx7s E a6 l I rn ie2e / '!lac II, 1 ( it s Ill� , I -- s 'e< \ L.Mix ��o xp tE ev L, ( PII � E } �oU n1 Ag ii lIe 9`" 4 0 .ispe nn ,I ,, 9 Q mil. ^ I 'ii ii n d'i^ ii g hi gp 14 n' � I ', I e[ m 3uO F S L :q3s µ' 6 II!x °" d ; I .l e vi;W ? - rrnrII ill II $6 a 331 " l li ' a • a; s Z F 0 N •6 R , ; ` rlc.i: '°.w " I� i^ - I �ILJ�I c ?. I I a� ; e ` 0 p<p P %S¢ Y 8 t ti..pa a IJ e i S 2- S 9 Ra O' 8! aP U - 6.Po1 C W 7 .4 .tIq _ i ♦e.aLLLS„ 4 B r.g0i]• 0 E° g' J iv N P §4. I1 I9�3 ,& It W "'0p- 4 :° ilgog� h a; Ps K i z _ @:_ 6 Ss xA I-NJO 6 � 0,6 _ _ 2 U p Z W Z i ILKI m La 3 / , L°e.Ll1WM� Y O P- . Qj 1 L' tf F G a0_ _4t / I'M,'" 6t, LI '- mFg /L A • We. le : E:pr- lel ! nee! ill; b64( I 1111111 Iilll 1111111 IIII IIII(IIII 1111111 III lilll IIII IIII t( 2837064 64 R 40 3/p00 DI 0.04: 4PIdJDounty A fluid Teukamoto CO FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY PLEASE BE ADVISED THAT THE UNDERSIGNED, in accordance with Paragraph 15.2 of THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY,constituting Owners of Lots within REFLECTION BAY Subdivision,Weld County, Colorado, to which at least eighty percent of the votes in THE REFLECTION BAY HOMEOWNERS ASSOCIATION are allocated,for the use and benefit of themselves,their heirs, personal representatives, successors and assigns, hereby declare and agree that THE DECLARA- TION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY, recorded on November 22, 2000 as Reception No. 2808870 in the Office of the County Clerk and Recorder of Weld County,Colorado, as supplemented, shall be and that said Declaration is hereby amended in the following particulars, to wit: 1. Paragraph 3.7 is added to read as follows: 3.7 Association's Irrigation System. Upon the activation of the first tap onto the Association's Irrigation System, the Declarant shall assign all of its rights and delegate all of its responsibilities and obligations to operate and maintain the said Irrigation System for the Planned Community to the Association. 2. Paragraph 7.25 is amended in its entirety to read as follows: 7.25 Irrigation System. The Declarant has installed an Irigation System to serve all of the Lots within the Planned Community. Each Lot shall be equipped with a 1" water tap located in the rear of each Lot's yard, and is identified by a "Purple Wrap" plus a purple ribbon marked "Nonpotable Water". An Owner is required to connect his or her sprinkler system to this Irrigation System. By connecting to this Irrigation System, Owner agrees that: (a) this system shall be the only source of outside watering; (b) he or she will abide by a watering schedule as designated by the Association; THIS DOCUMENT WAS DRAFTED BY, AND AFTER RECORDING,RETURN TO: William A.Love,Esq. Wells,Love& Scoby LLC 225 Canyon Blvd. Boulder,CO 80302 (303)449-4400 INIII 1111111111111111 1111111 HIE 01 01 IIII IIII 2837884 04/03/2001 04:14P JA Sukl Isukamoto 2 of 4 R 20.00 0 0.00 Weld County CO (c) all plantings, including grasses, shall be "drought-resistant" type. All landscape plans must be approved by the Design Review Committee; (d) exterior potable water system faucets shall be limited to a maximum of two per Lot. 3. Paragraph 7.26 is added to read as follows: 7.26 Exemptions for the Declarant and Participating Builder. So long as the Declarant or Participating Builder owns a Lot within the Planned Community, the Declarant and Participating Builder shall be exempt from the provisions of this ARTICLE SEVEN except for the requirements set forth in Paragraph 7.26 hereof to the extent that it impedes Declarant's or Participating Builder's development, construction, marketing, sales, or leasing activities. The Association, acting through its Board of Directors, shall have the standing and power to enforce all of the above land use and other restrictions. 4. Paragraph 11.6 is added to read as follows: 11.6 Maintenance of the Association's Irrigation ystem. The Association shall repair,maintain and reconstruct the Association's irrigation system as provided for in Paragraph 7.26 hereof. In all other respects the said DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed this day of March, 2001. THE REFLECTION BAY HOMEOWNERS ASSOCIATION, A Colorado Corporation BY: Donald LaFaver, President 2 111111 1111111111111111 Ifll 11111 1111111111 1111 /III /III 2837664 04/03(2001 04:14P JA Sold Taulmmoto 3 of 4 R 20.00 D 0.00 Weld County CO STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this ZG day of March, 2001 by Donald LaFaver, as President of THE REFLECTION BAY HOMEOWNERS ASSOCIATION, a Colorado Corporation. My commission expires: My f'ammisog tines 5.96-2001 WITNESS my hand and official seal. ..�� Not• Pu lit,,.� \ �i ; IooRGARET McMAH0N II cot.•_. ; pCi 3 MIN 1111111 IIII IIII IIIII 1111111 III 11111 Ell IIII 2837684 04/0312001 04:14P JA SuklTeukamoto 4 of 4 R 20.00 D 0.00 Weld County CO CERTIFICATE STATE OF COLORADO ) ) ss. COUNTY OF WELD Donald LaFaver, the affiant, being first duly sworn, states and alleges as follows: 1. I am the President of THE REFLECTION BAY HOMEOWNERS ASSOCIATION, a Colorado corporation, and as such am familiar with the ownership of the respective Lots within REFLECTION BAY Subdivision. 2. In accordance with Paragraph 15.2 of THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY , the Owners of Lots within the REFLECTION BAY Subdivision to which at least eighty percent of the votes in THE REFLECTION BAY HOMEOWNERS ASSOCIATION are allocated, have approved the FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY , a copy of which Amendment is attached hereto as Exhibit A. 3. The originals of such written approvals by the Owners, along with the recorded Amendment are in the records of the Association and are available for inspection at the Association's offices during business hours. 4. Further the affiant sayeth naught. President The foregoing instrument was subscribed and sworn to before me this 7(aday of March, 2001 by Donald LaFaver, as President of THE REFLECTION BAY HOMEOWNERS ASSOCIATION. My commission expires: M7 Commission Expires 5.26.2001 WITNESS my hand and official seal. _ ' a, s N. b1i4 M�MAN0NLb Bethany Salzman From: Stephanie Arries Sent: Wednesday, September 23, 2009 8:46 AM To: Bethany Salzman; Kim Ogle; Ann Siron Subject: Miscellaneous questions I took three of the issues which have been raised in the last few days and discussed them with Bruce. 1. Should the County be influenced by a development's architectural requirements when a party applies for a building permit? Answer:The County is only going to apply its requirements to the issuance of a building code.The enforcement of architectural limitations/requirements will be left to the homeowner's association or other homeowner's group (e.g., architectural committee). 2. The revocation of a USR or other permit will be available to the County prior to the recording of a plat if a land use is inconsistent with or incompatible with the USR. Generally, if the problem is unrelated to the USR, the County will treat it like a violation.This will be a case by case evaluation and the County will use its discretion. Specifically, however, if the problem is that the plat has not been recorded or if the owner has not fulfilled conditions or requirements imposed when the Board approved the USR—these are grounds to revoke the permit by scheduling a show cause hearing. Hope this helps ii lURe WLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail:bsalzman@co.weld.co.us July 27, 2009 POSS DAVID B &MARCIA K 7137 REFLECTION DR ERIE,CO 80516-9611 Case: ZCV09-00157 Legal Description: RB L1 and L2 REFLECTION BAY SITUS: 7107 REFLECTION DR WELD 000000000 Dear: POSS DAVID B & MARCIA K : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 5 E(Estate) Zone District 23-3-410 Uses allowed by right. 23-3-420 Accessory uses. 23-3-420.D HOME OCCUPATIONS. 23-3-420.G Parking and operation of one (1) commercial vehicle from the property, provided that such parking and operation are permitted through Section 23-4-950 of this Chapter. 23-3-430 Uses by special review. 23-3-430.H HOME BUSINESS. To bring your property into compliance with the Weld County Code: My records indicate your Home Occupation (HOC09-0006) has been approved for the home office. As we previously discussed this does not permit the presence of any commercial vehicles and/or storage of equipment and supplies. During our office meeting you indicated the supplies were to install a Geothermal system in a yet to be constructed building. We discussed in order for that to be a recognized argument a building permit must be issued. As a result you submitted a building permit application (BCR09-00484). Subsequently a Flood Hazard Development Permit has been required prior to release of this permit. Additionally, I understand you have also applied for a building permit to replace a furnace in the existing house with a Geothermal system i1 wgig C COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail:bsalzman@co.weld.co.us (BCR09-00549). Once these building permits have been issued, the presence of the commercial vehicles and supplies related to the installation of your Geothermal system will be temporarily acceptable but only for as long as it takes to install the systems. Afterwards all commercial vehicles and leftover supplies shall be removed from the property. Additionally, this would not permit any additional storage to be accumulated or removed for any other ongoing projects elsewhere. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 08/27/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzmaa Zoning Compliance Officer II pc: ZCV09-00157 "Z< uCP1-CZ ISL3/4--sss; 7 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 ' C mmartin@co.weld.co.us PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 COLORADO July 13, 2009 David and Marcia Poss 7107 Reflection Dr. Erie, CO 80516 Subject: Certificate of Compliance for a Home Occupation (HOC09-0006) Dear Mr. and Mrs. David Poss: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Certificate of Compliance for a home occupation for a home office meets the intent of the Code and has been approved by staff. This permit does not allow the storage of a commercial vehicle on the property. If a commercial vehicle is stored on the property you will need to adhere to Section 23-3-410.G of the Weld County Code. HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT and carried on by the residents thereof and no others. b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. c. The total area USED inside the DWELLING UNIT for such purposes does not exceed three hundred (300) square feet. d. There is no advertising or other indication of the HOME OCCUPATION on the LOT or any STRUCTURE located on or ADJACENT to the LOT, with the exception that one (1) nameplate shall be allowed which may display the name of the occupant and/or the name of the HOME OCCUPATION where such nameplate does not exceed one (1) square foot in area, shall be non- illuminated and attached flat to the main STRUCTURE or visible through a window. e. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION nor of any highly explosive or combustible materials f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable off the LOT. g. If a commercial vehicle is associated with the home occupation, refer to Section 23-3-410.G of this Chapter. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary, vehicle or boat repair(including painting), and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Michelle Martin Planner II COLORADO • WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us June 01, 2009 POSS DAVID B & MARCIA K 7137 REFLECTION DR ERIE, CO 80516-9611 Case: ZCV09-00157 Legal Description: Lot 1 and Lot 2 REFLECTION BAY SITUS: 7137 REFLECTION DR WELD 000000000 Dear POSS DAVID B & MARCIA K: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: storage of equipment, presence of employees (even if temporary) and operation of a commercial business (Geothermal Design and Distributing, Llc, PK Geothermal, Lie and Design Woodworks, Inc) is not an allowed use within a subdivision zoned Estate, such as Reflection Bay. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. cerely, Bethany Salzmm n�y Zoning Compliance Officer II pc: ZCV09-00157 Page 1 of 1 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0897201 Parcel#: 131329002002 .fliwellanfl ass.n,n�,F11, x _... ,. ...e....,...a,,.,.m . .. .... Tax Area: 2306 Bordering County: Acres: 2.16 Township Range Section Quart. Sec. Subdivison Name Block# Lot# \ 9 02 - 68 - 29 - 0 REFLECTION BAY - - 2 \� .6\1Owners Name &Address: Property Address: P055 DAVID B & Street: 7137 REFLECTION DR WELD 7137 REFLECTION DR City: WELD ERIE, CO 80516-9611 Additional Owners: P055 MARCIA K Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 1/26/2001 $227,400 WD 2823771 Legal Description RB L2 REFLECTION BAY SITUS: 7137 REFLECTION DR WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $300,000 $23,880 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $1,495,650 $119,050 Total Property Value $1,795,650 $142,930 Building Details Account#: R0897201 Parcel#: 131329002002 Owners Name &Address: Property Address: P055 DAVID B & Street: 7137 REFLECTION DR WELD 7137 REFLECTION DR City: WELD ERIE, CO 80516-9611 Building# Property Type 1 Residential Individual Built As Detail http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13132... 5/18/2009 Identity Results Page 2 of 2 Built As: 2 Story Year Built: 2002 Exterior: Frame Siding HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 5781 # of Baths: 8 Roof Type: # of Bdrms: 6 Roof Cover: Concrete Tile # of Stories: 2 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 1042 Detached SQ Ft: 0 Basement: Total SQ Ft: 3261 Finished SQ Ft: 3261 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13132... 5/18/2009 DEPARTMENT OF PLANNING SERVICES Iit Code Compliance Division 918 10th Street, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3540 Fax. (970) 304-6498 COLORADO - ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT 0 Staff/Name. ter.-gitizen 0 Other O HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number ill known). ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS /PEST& WEEDS Date Complaint was received: 5 -I f -o9 Pending Case r (i.e. USR, RE, SE.ect...):RAe Legal Description: 1---O21---O2l) /do Parcel 4: /3/ 3 -) /p -6 -6 2 -QQ-60.2Violation Address: 1/ .., fr L111 Q-;'� ^. (�L_ipr t C� ') 26 it,, - q(o/l Property Owners Name: �Q[N� q r` a.44,a 7004,2 Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: d0IIU f�LLS. flLAA Lc t r f alit/Yt i {6, bQCL — -- --------F K 1--n ao `rh meAJ - 3 03 - q75 -y ci Additional /� /� Notes: C Cc-ej C" �Cc C/7/.l'/7 Cl / l/C/ T�Q�7n � 7�1� . Q\ Colorado Secretary of State -Filed Date and Time: 01/17/2009 04:22 PM Document processing fee ID Number: 20061039056 If document is filed on paper $100.00 If document is filed electronically $ 10.00 Document number: 20091036251 Late fee if entity is in noncompliant status Amount Paid: $10.00 If document is filed on paper $ 50.00 If document is filed electronically $ 40.00 Fees &forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit w lv Av SO SI l IC C00_I I and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE SE ONLY Annual Report filed pursuant to /7�)0-30 I, et seq. and ',7 90-501 of the Colorado Revised Statutes(C.R.S) ID number; 20061039056 Entity name: Geothermal Design and Distributing, LLC Jurisdiction under the law of which the entity was formed or registered: Colorado I. Principal office street address: 7107 Reflection Dr. (Sl-cet name and number) Erie CO 80516 (Ciro) (State) (Postal/Zip Code) United States (Province—(tapplicable) (Comars—if not US) 2. Principal office mailing address: (if different from above) (Street name and number or Post Of/ice Box information) (City) (State) (Postal/Zip Code) (Province—if applicable) (Country—Doi US) Poss Marcia K. 3. Registered agent name: (if an individual) (Lust) (First) (Middle) (Suffix) OR(if a business organization) 4. The person identified above as registered agent has consented to being so appointed. REPORT Page I of Rev.07/17/08 5. Registered agent street address: 7107 Reflection Dr. (Street name and number) Erie CO 80516 (Cli) (Stale) (Pasta[(Zip Code) 6. Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province—fapplicable) (Counter'—if not US) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to he delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7.Name(s)and address(es)of the individual(s) causing the document Poss Marcia K. to be delivered for filing: (Lao) (Fir-sit (Middle) (Su(jx) 7107 Reflection Dr. (Street name and number or Post Office Box information) Erie CO 80516 (City) (State) (Postal/Zip Code) United States (Province—ifapplieable) (Country- if not US) (The document need not state the true name and address afmore than one individual. However, if von wish to state the name and address ()jam,additional individuals causing the document to he delivered for filing,mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal.business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of'_ Rev_07/17/08 Colorado Secretary of State 'I�Fled Date and Time: 12/07/2009 09:34 AM Document processing fee ID Number: 19981152450 If document is filed on paper $100.00 If document is filed electronically $ 10.00 Document number: 20091636821 Late fee if entity is in noncompliant status Amount Paid: $50.00 If document is filed on paper $ 50.00 If document is filed electronically $ 40.00 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents,visit w<. lv,sO 1 uc.co.ur_+ and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to ' 7-90-301,et seq.and ,i_-91-501 of the Colorado Revised Statutes(C.R.S) ID number 19981152450 Entity name: DESIGN WOODWORKS, INC. Jurisdiction under the law of which the entity was formed or registered: Colorado 1. Principal office street address: 7107 REFLECTION DR (Street name and member) ERIE CO 80516 (City) (Slate) (Postal/Zip Code) United States --- (Province—if applicable) (Conntrv—if not US) 2. Principal office mailing address: (if different from above) (Street name and number or Post()Mee Box information) (en)) (State) (Postal/Zip Code) (Province ifapplicable) (Country if not US) Posss Marcia 3. Registered agent name: (if an individual) K (Last) (First) (Middle) (Suffer) OR(if a business organization) 4. The person identified above as registered agent has consented to being so appointed. REPORT Page 1 oft Rev.07/17/08 5. Registered agent street address: 7107 REFLECTION DR (Street name and number) ERIE CO 80516 (Cap (State) (Postal/Zip Code) 6. Registered agent mailing address: (if different from above) (Street name and numher or Pict Office Box information) (CEO (State) (Postal/Zip Code) (Po-ovine (applicable) (Counin —if US) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S.,the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Poss Marcia (Last) (Fist) (Middle) (Suffix) 7107 Reflection Dr. (Street name and number or Post Office Box information) Erie CO 80516 (City) (State) (Postal/Zip Code) United States (Province if applicable) (Country—if not US) (The document need not state the true name and oddrene(Otiose than one individual. However.if wish to state the name and address of any additional individuals causing the document to he delivered for filing.mark this boy ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev.07/17/08 Colorado Secretary of State -Filed Date and Time: 01/17/2009 04:32 PM Document processing fee ID Number: 20061039037 If document is filed on paper $100.00 If document is filed electronically $ 10.00 Document number: 20091036257 Late fee if entity is in noncompliant status Amount Paid: $10.00 If document is filed on paper $ 50.00 If document is filed electronically $ 40.00 Fees &forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit yVU u_so�statti and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to 7 90-301,et seq. and 7-99-50 of the Colorado Revised Statutes(C.R.S) ID number: 20061039037 Entity name: PK Geothermal, LLC Jurisdiction under the law of which the entity was formed or registered: Colorado I. Principal office street address: 7107 Reflection Dr. (Street name and number) Erie CO 80516 (Cip) State) (Postal/Zip Code) United States (Province-if applicable) (Country ijnot US) 2.Principal office mailing address: (if different from above) (Street name and number or Post Office Box inffirmotion) (C)t,) (State) (Postal/Zip Code) (Prne)nce-if applicable) (Counb)-if not US) Poss Marcia K. 3. Registered agent name: (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) 4. The person identified above as registered agent has consented to being so appointed. REPORT Page I oft Rev.07/17/08 5. Registered agent street address: 7107RefleCt10t1 Dr. (Street name and number) Erie CO 80516 (Ciii) (State) (Postal/Zip Code) 6. Registered agent mailing address: (if different from above) (Slrc'o name and number or Post Office Box information) (Cing (State) (Postal/Zip Code) (Province—if applicable) (Comm'—/f not US) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es)of the individual(s) causing the document Poss Marcia K to be delivered for filing: (Last) (First) (Middle) (Suffix) 7107 Reflection Dr. (Street manic and number or Post Office Box information) Erie CO 80516 (Ciiy) (State) (Postal/Zip Code) United States (P,ovtnec -if applicable) (Country-ifnot US) (The document need not slate the true name and address of more than one individual. flowerer,if vort wish to state the name and address of OM'additional individuals causing the document to be delivered for filing,mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions,are not intended to provide legal, business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should he addressed to the user's attorney. REPORT Paget of 2 Rev.07/17/08 Colorado Secretary of State M7-Filed Date and Time: 09/15/2009 09:59 AM Document processing fee ID Number: 19871571398 If document is filed on paper $100.00 If document is filed electronically $ 10.00 Document number: 20091486392 Late fee if entity is in noncompliant status Amount Paid: $10.00 If document is filed on paper $ 50.00 If document is filed electronically $ 40.00 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed . ._ documents,visit r<��ic.u.;. micc(1.nS•-----. and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to t?90-301, et seq. and 7-9()-5(1 I of the Colorado Revised Statutes(C.R.S) ID number: 19871571398 Entity name: UPPER BEAR CREEK YACHT CLUB, INC. Jurisdiction under the law of which the entity was formed or registered: Colorado 1. Principal office street address: 7107 Reflection Drive (Street name and number) Erie CO 80516 (GOY (Stale) (Postal/Zip Code) United States (Province if applicable) (CounoT—if not US) 2. Principal office mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province applicable)applicable) (Cannily- if not US) BOSS Marcia 3. Registered agent name: (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) 4. The person identified above as registered agent has consented to being so appointed. REPORT Page I oft Rev.07/17/08 5. Registered agent street address: 7107 Reflection Drive (Street name and plumber) Erie CO 80516 (City) (State) (Postal/Zip Code) 6. Registered agent mailing address: (if different from above) (Street name and number or Post elfin:Box information) (City) (State) (Postal/Zip Code) United States (Province—if applicable) (Country—if not(IS) Notice: Causing this document to he delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to he delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7.Name(s) and address(es)of the individual(s) causing the document to be delivered for filing: POSS Marcia (Last) (First) (Middle) (Suffix) 7107 Reflection Dr. (Street name and number or Post Office Box information) Erie CO 80516 (City) (State) (Postal/Zip Code) United States (Province—if applteable) (Country—if not OS) (The document need not slate the true name and addre.es of more than one individual. However, if you wish to slate the name and address of any additional individuals causing the document to he delivered for filing.mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions,are not intended to provide legal,business or tax advice,and arc offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev.07/17/08 INITEDPOWER Your Touchstone Energy" Partner ,yb.' HeatPumpContractors Homeowners have received incentives for heat pump units installed by these contractors. United Power is not responsible for services or products provided by the contractors listed. Propietarios hen recibido reembolsos pare la instalacion do una bombe de calefaccion de estos contratistas. United Power no es responsible por los servicios o productos de los contratistas en este lista. Air Source Heat Pump CONTRACTOR ADDRESS CITY ST ZIP CONTACT PHONE Comfort Zone Services Inc. 11376 W.55th Lane Arvada CO 80002 Zech Whiteley 303-463-7701 Lakeside Heating&Cooling Inc. 6260 W.52nd Avenue #117 Arvada CO 80002 Bill Buras 303-421-3572 Rugged Enterprises Inc. 5415 W 59th Avenue Unit A Arvada CO 80003 Debbie Ritter 303-426-1019 Jeffco Mechanical Inc. 4450 Arapahoe Ave.Suite 100 Boulder CO 80303 Darel Moore 303-448-8880 Teds Repair 4799 McKinriley Boulder CO 80303 Ted Hahn 303-447-1235 A.C.Heating&Sheetmetal 819 S. 13th Avenue Brighton CO 80601 Bob Parrish 303-659-8450 or 303-921-0372 American Heating&Air Conditioning 169 South 11th Avenue Brighton CO 80601 Corey Schmidt 720-316-7593 Front Range Heating&Cooling 540 Bridge Street Brighton CO 80601 Brian DeWald 303-432-8799 Hardcastle Service Cooling&Heat 446 Elm Avenue Brighton CO 80601 Dave Hardcastle 303-637-7456 Perfect Climate Systems 744 Mockingbird Street#E-201 Brighton CO 80601 Joel Merth 303-513-5881 R and R Heating&Cooling 14217 Downing Street Brighton CO 80602 Bob Gross 303-289-3441 Tonville Heating 710 North 7th Avenue Unit 1 Brighton CO 80601 Stan Roskop 303-659-8583 Tim's Refrigeration 14460 Emporia St. Brighton CO 80602 Tim Killoran 303-520-0130 Valley Heating 165 Longs Peak Brighton CO 80601 Blair Swenson 303-659-1087 Cooper Heating&Cooling Inc. 11700 Olde Wadsworth Blvd. Broomfield CO 80020 Kevin Kirk.Jim Reynolds 303-466-4209 Heat Exchange Systems 7650 West 120th Avenue Broomfield CO 80020 Keith Gray 303-469-0993 United Maintenance P 0.Box 487 Dacono CO 80514 Josh Robertson 303-833-4466 Candlelight's One Hour Heating&Air Conditioning 1228 S. Kalamath St Denver CO 80223 Jim Morse 303-935-5495 Gale Force Heating&Air 983 East 70th Avenue#8 Denver CO 80229 Gale Roberts 303-286-1478 Northern 24 Hour Heating&Air PO Box 343 Eastlake CO 80614 Ken Lysek 303-457-3051 Heil Systems 15131 E.Fremont Drive Englewood CO 80112 Pam Aldrich 303-680-3178 Horizon Mechanical LLC 1470 W.Thomas Ave. Englewood CO 80110 Mike McCartney 303-346-3466 Aire Mechanical Inc. 2700 South Main Unit B Erie CO 80516 Tom Richart 720-890-8224 Dorden Air Inc. 3772 Puritain Way#5 Erie CO 80516 Dennis Schlegel 303-661-0413 Utopia Mechanical Inc. 4980 Monarch Dr. Firestone CO 80504 Paul Beckman 303-875-2400 Affordable Heating P 0.Box 270246 Fort Collins CO 80632 Mike DeShazo 970-223-1433 Extreme Air&Mechanical Inc. 8257 Scenic Ridge Court Fort Collins CO 80528 Jesse Thomas 970-535-6100 R&H Heating 201 Smokey Street Fort Collins CO 80525 Dave Ruff 970-226-3619 Control Systems 8116 Indian Peaks Unit 3 Frederick CO 80516 Bill East 303-485-9492 Gator Heating&Air 17350 Dove Circle Ft.Lupton CO 80621 Gary Richards 303-857-1229 or 720-628-3529 The Cooler Company 13200 W.43rd Dr. Golden CO 80403 Danny Dodson 303-912-5306 Adams Heating&Air P 0.Box 825 Lafayette CO 80026 Beau Adams 303-909-4723 Schluetter Heating&Air 2323 South 120th Street Lafayette CO 80026 Carl Schluetter 303-604-9100 Nationwide Heating&Air Conditioning 5520 W.Virginia Ave. Lakewood CO 80226 Dave Jenkins 303-232-3939 Barrett Barnes Heating&Air Conditioning 12340 Mead Way Littleton CO 80125 Craig Barnes 303-471-5981 1st Choice Heating&Air Conditioning 14469 Mead Ct. Longmont CO 80504 Pat Torok 303-772-1591 If you have additional questions, please contact United Power's Energy Management Team at 303-659-0551 Si tiene pr pcntas ad clonal n invor 06 cmtunicars.. Con el euuipo de adminisncion de enerpia en United Power ai 303-659-0551 500 Cooperative Way■ Brighton,CO 80603 INITEDI'OWEUZ 303-659-0551 ■www.unitedpower.com INIT- OINITIEDPOWER Your Touchstone Energy" Partner ,,--t.e. HeatPumpContractors Homeowners have received incentives for heat pump units installed by these contractors. United Power is not responsible for services or products provided by the contractors listed. Propietarios ban recibido reembolsos pars la instalacian de una bomba de calefacciOn de estos contratistas. United Power no es cesponsable par los servicios o productos de los contratistas en esta lista. Air Source Heat Pump CONTRACTOR ADDRESS CITY ST ZIP CONTACT PHONE Applied Comfort Mechanical 10154 Farmdale St. Longmont CO 80504 Jerry Cardona 303-833-2571 AVS Mechanical Heating&Air 6190 Utica Ct. Longmont CO 80504 Craig Whitfield 303-772-2060 CHC Mechanical 29 Burlington Way Longmont CO 80501 Craig Nauman 720-771-0882 Climate Masters 9700 Nelson Rd. Longmont CO 80501 Dave Hall 303-776-8556 or 303-356-4085 Northern Colorado Air Inc. 230 Primrose Court #2 Longmont CO 80501 Kevin Bergstrom 303-684-:4:75 Service Experts Climate Masters 970 Nelson Road Longmont CO 80501 Dave Hall 303-776-8556 Welzig Heating&Air 1631 Boston Ave. Suite C Longmont CO 80501 Richard Jeffries 303-678-5576 Enhanced Air 674 W.Sandbar Circle Louisville CO 80027 James Barnard 720-317-8000 Precision Air 686 S.Taylor Ave. #102 Louisville CO 80027 JP Richie 303-466-7197 All Seasons Comfort 1737 Seven Lakes Drive Loveland CO 80538 Don Forbes 970-613-8424 Gibson Heating&Air P 0.Box 661 Loveland CO 80539 Travis Grace 303-444-4900 or 970-667-4900 Lenny's Heating&Air 2316 5th Court S.W. Loveland CO 80537 Lenny Massaro 303-808-7306 or 970-203-0364 Engineered Comfort Systems,LLP 156 Falcon Cir. Mead CO 80542 Tim Lattig 720-220-0440 Extreme Air&MechanicalInc. 14278 Longspeak Court Mead CO 80542 Jesse Thomas 970-535-6100 Aire-Force Heating&Cooling 602 Trail Dust Dr. Milliken CO 80543 John Borawski 970-587-7180 Headley Construction 10979 Roseanne Drive Northglenn CO 80234 Paul Headley 303-257-7365 L&L Heating&Air 177 Summit View Circle Parker CO 00138 Larry Leonard 720-851-1691 Buettenback HVAC 851 Denver Street Unit#1 Sterling CO 80751 John Buettenback 970.522-4869 Fearless Heating&Air 4437 E.118th Ct. Thornton CO 80233 Justin Gilbert 720-394-2848 Now Heating&Air 8789 Welby Road Thornton CO 80229 Sam Johnston 303-288-2299 Precise Mechanical 12854 North Lake Drive Thornton CO 80241 Glenn Hibl 303-280-9177 Fire&Ice Heating&Air 6225 W.48th Ave.#101 Wheatridge CO 80033 Shawn King 303-420-4077 or 303-210-2:.:3 Four Seasons Heating Inc. 4896 Marshall Street Wheatridge CO 80033 Carolyn Cobos 303-423-1982 Amencanair Heating&Air Conditioning 918 Clydesdale Lane Windsor CO 80550 Jim Birdwell 970-686-6086 or 303-774-7787 Ground Source Heat Pump CONTRACTOR ADDRESS CITY ST ZIP CONTACT PHONE Ledgend Enterprises 581 Grand Avenue Akron CO 80720 Bruce Johnson 970-345-6585 or 970-554-0155 Advanced Hydronics,Inc. 1426 W.Maple Denver CO 80223 Mark Eatherton, 303-778-7772 Tom Olds,Will Tracy PK Geothermal 7137 Reflection Dr. Erie CO 80516 Nate Pass, 303-485-6449 Robert Konrad High Country Electric 2320 North Taft Hill Road Fort Collins CO 80524 Mike Keegan, 970-493.0528 Darwin Roe Valley Geothermal LIC 916 19th Street Longmont CO 80501 Monte Schmidt 720-936-4017 Major Geothermal 6285 W.48th Ave. Wheatridge CO 80053 Bob Major,John Barnard 303-424-1622 If you have additional questions,please contact United Power's Energy Management Team at 303-659-0551 Si Lii. c pi 1:4it,ntas adicianales favor de crant,nicalse con el equip"de adminisUacidn ce energia en United Power al 303-659.0551 500 Cooperative Way• Brighton,CO 80603 ilINITIEDPOWER 303-659-0551 •www.unitedpowercom 1'.n T.xrh:tone Eo, 1lntxr 701,. ECONAR GeoSystems: Colorado Dealer Network Page 1 of 3 S EcoNa f Ge._'+crinnl Real f unv'n Tor Residential and Commercial Applications 'j• .. _:,i.-, - _,:•i I Case Studies I About ECONAR i Contact Information .- a Dealers-Search by Area Code: 970; 303; 720; 719 '91..;^ Distributors i' . ECONAR's Corporate Sales Office Wa ECONAR° GeoSystems° Colorado Dealers: How Geothermal Works Area Code: 970 Ge-Source Bandit Corp. Buettenback HVAC CMS Mechanical Sery Solutions Joe Whirry John Buettenback Nick Luca 595 Deer Trail 14500 CR29 609 Technology Circle, y ^. fi Durango,CO 81303 Sterling, CO 80751 Windsor, CO 80550 ° (970)686-6800 r s ".` (970)749-1090 (970)466-0688 � ° (970)686-6808 .. ,t`„( jwhirry@animas.net nluca@cmsmechsery . . .. . . . www.cmsmechserv.ci Service .a Support Four Seasons Heating Jameco,LLC MasterWorks Mechan Matt Rossi Robert Lang David DeRose Programs & 4896 Marshal Street 2570 W.2nd Ave 461 Yampa Ave. incentives Wheat Ridge, CO 80033 Durango, CO 81301 Craig, CO 81625 (303)421-1982 (970)799-1763 (970)824-4840 (303)421-0123 Fax rblang@mydurango.net (970)824-7520 Fax U pccm iffy matt@e-homecomfort.com dave66@gwestoffice.i Events www.e-homecomfort.com Mechanical Masters,Inc. Precision Mechanical, Inc. Simply Efficient,Inc. Brent Wright (Service Only) (Alternative Energies) 824 Coulter Street Douglas Mochrie Charley Adams Fort Collins, CO 80524 0566 County Road 113 P.O. Box 1204 (970)567-2106 Carbondale, CO 81323 275 Diamond Street brent@rnechanicalmasters.com (970)945-1441 Granby, CO 80446 (970)945-1412 fax (970)531-7065 prernech@transedge.com (720)536-8936 Fax charley@simplyeff.co www.simplyeff.com Skyline Mechanical, Inc. Spotts Bros.Furnace Co.,Inc. Stout Mechanical,Inc Justin Nilisen Jack Spotz Pete Evangelista 134 Airpark Drive 109 W. Kiowa Ave. 1700 Gaucho Ct. Gypsum,CO 81637 Ft. Morgan,CO 80701 Longmont, CO 80504 (970)524-6809 (970)867-7414 (303)887-9398 (970)524-6810 Fax (970)867-3727 Fax (303)776-3426 Justin@skylinemechanical.com spottsbros@kci.net pete@stoutmecha nice www.s ky linemechan ical.com www.stoutmechanica http://www.econar.com/dealer_pages/colorado.htm 2/18/2010 ECONAR GeoSystems: Colorado Dealer Network Page 2 of 3 Top Gun Plumbing Wolf Builders,Inc. and Heating,Inc. Jon C.Wolf Justin Boucher 10770 County Road CC PO Box 1197 Pleasant View,CO 81331 Glenwood Springs, CO 81602 and (970)562-4511 138 Sunlight Drive wolfbuilders@fone.net Glenwood Springs, CO 81601-9523 (970)945-2580 (970)945-5730 Fax topgunplumbing@comcast.net Area Code: 303 All Systems Mechanical Boulder Water Well CMS Mechanical Services Chuck Miller Peter O'Brien Nick Luca PO Box 471046 2365 57th Street 609 Technology Circle, Suit Aurora, CO 80047 Boulder,CO 80301 Windsor, CO 80550 (303)343-3010 waterwell3@aol.com (970)686-6800 (970)686-6808 nluca@cmsmec hserv.con www.c msmec hserv.com Clark Heating &Air, Inc. Comfort Guy, Inc. DDA Heating&Air,LLC Jason Clark Terry Robinson Didier Lecocq 635 S. Park Ave. PO Box 102 3560 Rinn Valley Drive Ft. Lupton, CO 80621 Bennett, CO 80102 Frederick, CO 80504 (303)591-7971 (303)644-5193 (303)587-1712 clarkjdc30@aol.com terry@comfortguycard.com (303)678-8824 Fax didierlecocq@gmail.com www.ddaheating.com Day&Night Mechanical Solutions Deluxe Plumbing Express Heating &Coolin John Boone Rick Renoad Stephen Parrott 3270 W.Alameda Ave. PO Box 668 11036 W. 59th Ave. Denver, CO 80219 Firestone, CO 80520 Arvada, CO 80004 (303)936-2696 (303)833-2422 (303)668-0484 (303)936-2606 expresscolo@aol.com dnappliances@qwestoffice.net Four Seasons Heating K&A Mechanical PK Geothermal LLC Matt Rossi Jim Kelly Nate Poss/Robert Konrad 4896 Marshal Street P.O. Box 814 7137 Reflection Drive Wheat Ridge.CO 80033 18960 Emigrant Trail Erie, CO 80516 (303)421-1982 Monument, CO 80132 (303)485-8449 (303)421-0123 Fax (719)487-7538 sales@pkgeothermal.com matt@e-homecomfort.com (719)487-7532 www.pkgeothermal.com www.e-homecmntort.com jimk@kanda.ws www.kandamechanical.com Simply Efficient,Inc. Stout Mechanical,Inc. Wolverine Mechanical, Inc (Alternative Energies) Pete Evangelista Terry Matuszewski Charley Adams 1700 Gaucho Ct. 347 Helena Circle 7717 W.6th Ave, Suite F. Longmont, CO 80504 Littleton, CO 80124 Lakewood, CO 80214 (303)887-9398 (303)437-0588 (720)536-8935 (303)776-3426 wolverinemechanical@gn (720) 536-8936 pete@stoutmechanical.com charley@simplyeff.com www.stoutmechanical.com www.sUnplyeft.com Area Code: 720 http://www.econar.com/dealer__pages/colorado.htm 2/18/2010 ECONAR GeoSystems: Colorado Dealer Network Page 3 of 3 CMS Mechanical Services,Inc. Simply Efficient,Inc. Stout Mechanical,Inc. Nick Luca (Alternative Energies) Pete Evangelista 609 Technology Circle, Suite A Charley Adams 1700 Gaucho Ct. Windsor, CO 80550 7717 W.6th Ave, Suite F. Longmont, CO 80504 (970)686-6800 Lakewood, CO 80214 (303)887-9398 (970)686-6808 (720)536-8935 (303)776-3426 nluca@cinsmechserv.com (720)536-8936 pete@stoutmechanical. www.crosmechserv.com charley@simplyeff.com www.stoutmechan ical. www.simplyeff.com Area Code: 719 Aspen Heating& Gold Star Heating&Cooling K& A Mechanical Air Conditioning LLC Nick Daigneault Jim Kelly Debbie Woodring 555 Air Lane P.O. Box 814 39 N. Mission Drive Colorado Springs, CO 80929 18960 Emigrant Trail Pueblo West, CO 81007 (719)638-4386 Monument, CO 80132 (719)547-1224 donn@goldstarhvac.com (719)487-7538 aspenheatingllc1@msn.com (719)487-7532 www.aspenheatcool.com jimk@kanda.ws www.kandamechanical. ECONAR° GeoSystems® Colorado Distributors Area Code: 303 Geothermal Design&Distributing,LLC Dave Poss 7107 Reflection Drive Erie,CO 80516 (303)485-1808 dave@geothermal-dd.com www.geotherma l-d d.com ECONAR's Corporate Sales Office: ECONAR GeoSystems 19230 Evans Street Elk River, MN 55330 (763) 582-1411 1-800-4-ECONAR jjohnson@econar.com Home Contact ECONAR( Site Map ©2009 ECONAR®GeoSystems®• Disclaimer•Privacy Policy • 1-800-4-ECONAR http://www.econar.com/dealer pages/colorado.htm 2/18/2010 Contact Page 1 u1 'dF. n t.,.ak+ _ v;#'f;., ..c .2ttyh • 7,s A ; PK Geotherrmal, tic 8 - 8 44,9 ERiE-CO .rt.. • Flonm • Ahcoull;S • Products • I lox\ C.icothcrnhil \,\ inks: • Project Gallery • FAQs • l.inks • Contact Contact Us (303) 485-8449 Office (303) 485-9409 Fax Erie, Colorado sales'a pkgeothetnnal.com PK Geothermal .; ;itedkti-:.- 3 _ http://www.pkgeothermal.com/contact/contact.htm 2/18/2010 Contact Page 2 of 2 • Copyright © 2009 PKGeothermal Him PK ( la( thcmn'uri [ I low Gcolhcrnra! Irk, Pro ect Galicrs I I nth-. I Contact http://www.pkgeothermal.com/contact/contact.htm 2/18/2010 Design Wood Works In - Erie, CO 80516 - 303-485-1808 Fave Page 1 of 2 Design Wood Works In '7;; kefie:nlion rr 605 O0' ) 485-1BM Popular Local Searches �r e a oi„cs z.othi , .. _e i, lrtrrfent_ _ More Results near 8o;,16 11cr k: http://www.getfave.com/locations/10603675-design-wood-works-in 2/18/2010 Design Wood Works In - Erie, CO 80516 - 303-485-18081 Faye Page 2 of 2 Erie. .....;S(;' 1r; iVii)ii ,`.lt.ltt:;iOnS it IC Erse. C(. E,i.' .1G ! Mar, P.-.rto r,tarice Machine Works Ltd 1.lie co `-tautii,C• r-rtF. t'.'_?F:05 it, '.'Jvtr:Jll,l:1: i fills • Elie. CO (St_,rt-t( EriE, Electric • Etice CO 8f}516 map / Loci smith r. '{ 24 H Erie CC,80516 F,i 3;, t":ar�it:'r.�t:�': ft.i.,iity Caxi And Truck Erie:. .:(:;f:051tt a:. . F'Iuit:' Flaphs'. Church ma; F,atiand Hdating And Air, Lic Lite `.:; 80516 Carpentry Contractors Find Top.f ateJ Local Carpenters.5. Get 4 Free Bids 1 oday. JP) Germantown ivid Carpentry Contractors Contact our contractors for quality general carpentry :etvice: tuda1• .,q.':p(,.'.•'NIA.^�„it (:i,S`i http://www.getfave.com/locations/10603675-design-wood-works-in 2/18/2010 GDD-Dealers Page 1 of 1 Area a, Geothermal Design & Distributing Home Products Here are some dealers that Projects Geothermal Design and Distributing Dealers is proud to work with: Calendar Contact Us PK GEOTHERMAL: 303-485-8449 BUETTENBACK HVAC: 970-522-4869 DELUXE PLUMBING: 303-833-2422 CLARK HEATING & AC: 303-591-7971 WOLVERINE MECHANICAL INC: 303-437-0588 EXPRESS HEATING & COOLING: 303-668-0484 MECHANICAL MASTERS: 970-567-2106 Of course you can Contact us here... http://www.geothermal-dd.com/gdd/Dealers.html 2/18/2010 GDD-Contact Us rage i cu. 1 W . • ill Geothermal ill[ Design & Distributing Home Products We can he reached thru the following methods: Projects Dealers Phone: 303- 485 - 1808 Calendar Email: geothermal-dd ( at ) gwest ( dot ) net Contact Us 7137 Reflection Drive Addr: Erie , CO 80516 Web: http : / /www . geothermal-dd . com http://www.geothermal-dd.com/gdd/ContactUs.html 2/18/2010 o � J \\\\:\\ te O . \\\\Nsc IN I ,. N a a I 1 k‘s\s, _ , 1/4 .. i-;:-. -. 4, � Nt.\ �kr ilk .r.‘z:-J t‘`NL- --%. ,,,,,,,. 1 kr. . NwP:Lisss � 4. \ \.. I r igM \�y 1 . \\.. 0 . • . lus 44. *ilk. it \ M Ilia fig se n . Cis 7 ,NNN So 00 r c0 _x-Viik.\\ *\ _1 0 • p ply risr — en d0 4 stip* . Imo .I. • --fit . O r ..... 0 i I -, N Co O J , . 4 SWF CD 4 v •1 ,t c ir.. . •t i • • • t.ii...t.1 i f . 1 1. Rdd . uir : Y + ; , • ..' 1 w 4 ' , •% , M I AA , . * d,. ,r. • 1 ' f f _ . K ( .i ,r At `� 4 ' •.1 1 4 1 it lit4 tt' .1-1 • f Y t` , E .;k �4 ,l` . - 1, ,l, :k 2' �.•. 11 ta kIL'c ` •• -i', -111' 1� • 1, ;.' . f I , , . .• r 4 i , t�1, I `r I Ji r - rr . - . A r • r .LTA-' , t ; Y �AII '• ' - _ _• w jr 7 S i . rnJrifaos. If 4. L=am .�� r' ^� - • • _. ,/1 . 4 1 S. • • ' -1 r _ p ii r J , 3S 1 T ' CDil 1 , I T_ ai 1 . l i • .1 • • II lir ikk r co I ell • ,-- C::. j!ill 61 ••{r •••* rill I N. r! ..... . . .. 1 . TAity.i.ii ir • f '''lF fry. t I I \ , • .. _.,......-6.agier.,llikk;../1 ‘'-' t i • li • Ill- l i • gill? Mk NI 1 toi, I 4 , ' r se .. T ., `4 , Y,,. . RJR{ C is ...: . 1 -........it N- ••.! Mho, • 2i 4 eot•''r, ' 4. • 4. , , l P 1 I 11,1 / i C - 'r . 1 I it dl -- - I �^ -t 1 ,` L L r , i ,; I , .4! ,4, . , � .,; J , ra i II A A C) O t O N Co . G -- 0 -L'i r •_,; Ili; 4 1~' Ij I l t I • a 1 j I i . i L 140r •. ' • - •, # • 1 1 .S 1 r p• • • -Pi , } sII • 1 " L . - 41000#04144 '•yy a . t f I .' 1 ti .it _= A 1ti • ' • t l 1 iiii liwill . I" _, \--, ill i i 1. l t 1 t _ lir1 I ... , . . . • •4 • f illillir 2 i t_ . ii s r W1 Ii. .i _ 1 •1 Z 1 . •Si SO llIE a r _9 a . t IS fil . hI1illill' .. . i, adI ii µ a It r I 1, . u ill% ." I ;I Y I - III 1 _ • - 1 • n r I a I II it" - S II Ia r r Illiti: F I 1 I� I I i4 I. a .. n I I ii 4- rir n `...4440 -I lip INkm ill . F r ■ Pi .. i II •l • 1 y n - - ii II n li, . Ill ,1 -alaiair- r n 7 1 fl , a,. w�" - j Air iiii .a • i 11 I!, , lib., . _ IL 0 , '. i A .. ii- iI _ _ 1 r , ., ' - 1 Jill fit. 0 iii 1 - II , I_ i r 11 I1111, r' ■ I I jl Lri Ii : t-' * '1 II 1 - 1 I 1 -I • T' 1 i b LI 1 I . •• __ viii - 11 .1 i: 1� -; .. '• M_ it N y De _... . , , it_ ,.,„_ c • _ - .7. ,• I 4 1 f 1. II r if IY i 1 1 . _ 1 1, , , , _, _'rte. I . ( [ . •i_ � ■ C I • - ci li . _I. I h� I• I . - I . 0 I A - S . I . I11 • �G 1 • 1 r Ir I r . ill ,-, II -• II . 1 I '1 III I I r11 i I 1 : � r I_ I �t • 1 • ` J II tI E I y _ • I I ' ti h 1 I 1 i r i 1 •1 . _ I 4 • i . • II 1 C Q N S / • 1 04• ' y LO •_ _-=.4 _o ...•. IP it a - ! li • I, it i / , i • Ilrilill 1 ,a la", ma te 4 �. • r .if 1 r _ . ID • • a • re 4 4 ' ' • . • �1 J - 3 441" gas slat • c - 1. i • • O, lill CD N 4 CO ' C • Cf . , , ... �. �' •• �� i fir .- t A F. �i ,• � +04. I.- ". -*f: 4 ... 0] •.4 ....• , .;4 4 .. . I V t 4,, ; . •_ IL 4. • L. . _ I" , . .s. 44 , . 'r2` 5�it7,,` r it • 1(a:�� - ` � "41.� ' , �� yam-' .'4.or ��}� • `i �.' :aw.i � .� • t # I ; `lam • + • , y • • .1 ••�, ... ..._ . . ♦ ♦.` i • N. • 1. - �R • • r I. . AO "PirI : � - .. �' '• t� a •- / .• - .4.1 • •� '� - -- • J: . est ..„... . ...... ..,... . , a . ..„,..;, . I► , • 1St hem, 0 . . Pew •Ci itco _ �'.It' r se 10 • w , • Ins , ro tri.102) . lit ... :0 LI 4 Cl cisilt • 0k ,. ,.. -r: .... , a .., M ,_ tar er—• a e r • • 4 Nei 4. vt, ... ...SSO nomri, _ ' - . _ . . ‘ .1154 ish . seilli. . • .... , .7.1 -- - belait----zz yit. p. - . •• ._ it....! _ _ __ . I. INN . .- k: r . • tall , .• 10) .. „ t . is 40.4 ).-.'1 so els- , . a el oiadosim4roF,,,i Itellit$11 5CrVirgra is _ s a „� { . i 1 \ A A. v. . - I ; iL 'i . i r ♦ ' ll it .4 - li 1CT ` f ai. ,, "Ill 14 1 R' • � , • • ;1 it. . I Ii or illt h ill , +i i • ! I el 14 it M • :be ' .. i oil .1 f • ,sli m l• • VI ifer- ill 1 A . • ,.- SIPS . AFT` r i. i • f A r I tal- inailleanglallain 1 f illinsimensas a it . ii AS • . • a� �' 1 V O . \; . �9 , cD % cN CO Q P 1 o , • I •x V 4)is_Aif • r III .. t. . . . . . a I % I. r•I rir 1 i I __, . _ .. _ I, . . , . i ! . atair_ii,.%., it 3 f i 1 1 ( Is , - } t . IJ a r "Si it 1 ' . . 4 - i i r ‘ 1 4 I 1 • S., I -- . i i I t Se ._,,,,,,,,Th , i � . O 1 .1 t,: . . se II ? , si 1 . t. co 1 y t I ➢ 1 ,. i , • ti . e • 1 t r , , 1 t • • . i ' %a # % • • 11 • 4 -.a I _ ir i ' 1 1 , , ii 1 . . _ . • i Ill'Itili:11: ' . 11 li-- . .40 - , , V .. if r I illilhilir ' . . 1 Artrifisl , ma 1 II i . • I- 1r k . ... . . • t _ • - • j , Ifille: II . II . ip . • illa . _... 15' DP UE / N i N . i m . . , P -0e t Cfl z / I I awn n S. �•�j 6s 6be 4-, (1::\ 1/4"-•.i 5, in 4) -%. / • es is t I \ a, J i I a i 1 I T 01 ; • 0 I I N. I u1 (U i I n, M er ! II n, s4, oC :D p i C • M ! Y c O � M I p " v ( 1 ; II C5 C e8 D i r= I C vl " LP Co i L, ei a dd ..: o I I tC►I2 ip I n L .-1I Ut I I cti i e— N Cs. k I c fi i 11 W 4 1 I I -+� Ch al 04 < �a I , (D o n 1 ail v I il C Pi I O cf.) w i 1 . Al n 0 CI• JI Cr) • I I Zo p In ao i I • M Q% poll I ,d 1 / i I 4 N i 0 I 3 I N. 0 1 j 1 � ` I \ / \ I I. i\ I11 . >" l % \ 7 .,.,i /1+ , Kij-2. ` `l. , :', I t` • ` a, f ` �1 1 J ; \ I 1 �/ I \ Q a I I • y I +� 1 I— ___ I Q 0 1 - — ■ ■MSn ■ U ) .1.../hzeN\ I 1 -a } HI— d ` , / / Z o \ t_ fr- .././ /1 '� \ / / L - • N t- . � N J _ \ 3 .�, see _ \ N a) �7 co C (/� a .1 \ �� N J J i i 1Q coco / ` ` \ In• d O N C°) \ fir, I 1 pp O p I 1 Z ~ ~ 0 +' 5 • t 1 ' 1 O.t ci: III 1 1 y \; i \ 1 \ I I v i a t = Mk J t r� •, . ff - sue; . s. a g ! j „, r -r li; ~ w trrage - ;Lr t, 1 =t �_ •iiry�. A - 1- 1 -. - •-.. t- • :J..- _________. . y i=f l4- %, . S- yam.s • . lir itNi is ! .v • . t r m r -r • • O = • r*. • rip r re 1 \t _ _ ti, , IC .)! 4. 4 if ell gra • y • 1 - rs. .i Y WISP . '• •fir '%'..k. a UPIIIIIIIPI !I DIP. � .� .• '# • q. 1(1 AI i•` , -- - • • „ ' =Al i t i II itir} A till Q;. IN! ite ;mIP • O"' • • sw .F • • • 0 I ' '0 a _ _ _ -eel 1—S — , r •4 .1 '‘... i 6, %sill an ,QI \ ...- ... ` / _ L W • ., - �. •.-._* ,• _ r.l+-1 . • enII „es j 71 AI �.• *4 S•4=41• Mgt . - - nee r K M M a.A , %,- ;hr. . t . -‘-'f-Itt r * - , 44; Si . .0. - i•if I, S� •,` iii '5zips _ lic. • r fT • rte • At T ,lip? ; .. i St le r. • 1 • • •% * 4 i r , I , ' It' I ,4 iLI '� ,It t'% I tit .I" ,.Is 1-�i ° ► >< i , 0 k . i 1 yi g r • 3,__ , A , ' 41 -)4' i ik. - .Mic UD40A 9 9.1 i . , r • Or $ r le. •1 • • r/ = k`i { • ' e ii. J . % ';' i Si . t F- $ ti el - 'in 1 p . tall • . 1 11, T•_ i� , ' . -!$e'":'� may. ^ a 1.. A •- ,�«' r III P.it • !rte I• ..-. s .w.r►v!+!; _ - II"v • • 41. th 4 4 i I i * ‘Ikij • ::1' * 411r. 1 t • JO. I •s . N la I IP it # Jr' WI . i VAC ' '� 1. • •� 1:. 1.14 lin M1- _ - • . •I- -_ -tom r • .• - • _ lir r } n „ • _ ? 4. 7• •I •� �' • • cr - • S=L�. � - f• 1 , 4 1 ' , 4 1. r t: / -•• I .... lik -11 'I rip i. �� a • farisle td.1 'I '1- .. .• .yftlrr•' • _• .1. .• y • ` t. ,. �� i . • i ; Y • • �c G� 1 tit • 1-c a;_ b' �.Z • s? _ rr ,i1 `t _ • a ••• tia 4 T k ego o+ ' .l . �i as J • r Hello