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METHOD OF RESPONS 7
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WORK SESSION-
MARCH, OLIVE & PHARRIS, LLC.
ATTORNEYS AND COUNSELORS AT LAW
J.BRADFORD MARCH 110 E.OAK STREET,SUITE 200 ARTHUR E.MARCH
STEWART W.OLIVE FORT COLLINS,COLORADO 80524-2880 1908-1981
JOHN W.PHARRIS (970)482-4322 ARTHUR E.MARCH,JR.
Fax (970)482-5719 1933-2005
SARA K.STIEBEN
July 8, 2010
Attn: David Long Attn: Douglas Rademacher
Weld County Commissioner Weld County Commissioner
915 Tenth Street 915 Tenth Street
P.O. Box 758 P.O. Box 758
Greeley, CO 80632 Greeley, CO 80632
Attn: Barbara Kirkmcyer Attn: Sean Conway
Weld County Commissioner Weld County Commissioner
915 Tenth Street 915 Tenth Street
P.O. Box 758 P.O. Box 758
Greeley, CO 80632 Greeley, CO 80632
Attn: William"Bill" Garcia Attn: Bruce T. Barker
Weld County Commissioner Weld County Commissioners C ;S
915 Tenth Street Clerk to the Board
P.O. Box 758 915 Tenth Street LY.] `"` _n IA r. n
Greeley, CO 80632 P.O. Box 758
Greeley, CO 80632
Re: Roger Kenney, 23955 Weld County Road 3, Loveland, Colorado
Dear Commissioners:
This letter is in regard to past violations of the Weld County Code's zoning classification at the
property owned by James Warner located at the intersection of Highway 60 and County Road 3.
At the time of the violations, Tom Honn was the Director of the Weld County Planning and
Zoning Department. The Board of Adjustment on December 16, 2008, found the use of the
commercial water tap located on the Warner property to provide water to off-site oil and gas
operations constituted a violation of the applicable zoning rules for the A-Agricultural zone.
Therefore, Mr. Warner, his company and others have been barred from the use of the commercial
water tap for off-site purposes.
My client, Roger Kenney, is an adjacent property owner to Mr. Warner's property. Mr. Kenney
lived with the ongoing violation for several years. Mr. Kenney made numerous complaints to the
County Planning Department and other County agencies attempting to get the County to enforce
its own code. Eventually, he filed an action in the Weld County District Court. This was an
untenable, frustrating, and infuriating situation that went on for years before a solution was
finally imposed by the Board of Adjustment. Mr. Kenney spent a substantial amount of money
2010-1591
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to protect his property rights, only to be proven correct many months and thousands of dollars
later. Mr. Kenney should be reimbursed by the County for the expenses he incurred in being
forced to uphold the Weld County Code when its own Planning Director failed/refused to do so.
In fact, it is our understanding Mr. Honn may have been dismissed from his position over this
matter.
In lieu of a monetary settlement, Mr. Kenney requests the County complete another task it agreed
to do 9 years ago which has not even been started to date. County Road 3 is a dirt road despite
the fact that the County received funds for paving the road from the developer when the Garcia
P.U.D. subdivision(Hacienda Estates) was built in 2001. I understand the County's reasoning
for refusing to pave the road before was the truck traffic on the road caused by trucks visiting Mr.
Warner's property. However, now that the truck traffic has been barred from Mr. Warner's
property, the County is saying there is insufficient traffic on County Road 3 to warrant its paving.
This is the proverbial Catch-22. The issue should be revisited and the County should pave the
road as per the conditions of approval for Garcia P.U.D., for which it received funds to do so.
The conditions for approval require the paving of County Road 3 from County Road 60 to the
entrance of Hacienda Estates.
Thank you for your attention and please contact me on or before July 22, 2010, to discuss this
matter.
Sincerely,
lccz�
Stewart W. Olive
Attorney at Law
pc: client
Trevor Jiricek - Weld County Planning and Zoning
Bruce Barker - Weld County Attorney
Stephanie Aries - Weld County Attorneys Office
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MARCH, OLIVE & PHARRIS, T fag. ;' I q A 2: 2 8
ATTORNEYS AND COUNSELORS AT LAW
J.BRADFORD MARCH 110 E.OAK STREET,SUITE 200 ARTHUR E.MARCH
STEWART W.OLIVE FORT COLLINS,COLORADO 80524-2880 - . -- 1998-1981
JOHN W.PHARRIS (970)482-4322 i .._,..' L_'; -dAiU 21Lk E.MARCH,3R.
Fax (970)482-5719 1933-2005
August 18, 2010
Bruce Barker
Weld County Attorney
915 10th St.
P.O. Box 758
Greeley, CO 80632
Re: Roger Kenney,23955 Weld County Road 3, Loveland, Colorado
Dear Mr. Barker:
This letter is in response your letter of July 30, 2010, in response to my letter of July 8, 2010. In
your letter you state that the County did not receive any funds from the developer of Garcia
P.U.D. (Hacienda Estates.) Contrary to your statements, the homeowners in Hacienda Estates
state that they each paid $5,000 to the developer of the subdivision for the purpose of paving
County Road 3 from Highway 60 south to the second canal when the subdivision was completed.
Apparently the subdivision was completed in approximately 2006. In support of my statements I
have attached letters from Clarissa and Todd Norris and James Skeen for your review . The
letters were obtained in support oft Mr. Kenney's action against Mr. Warner.
If monies were paid to the County, as stated by the homeowners, the County cannot ignore its
responsibilities under the improvements agreement for the Garcia P.U.D., and must complete the
paving of County Road 3 per the agreement.
Thank you for your attention and please contact me on or before August 27, 2010, to discuss this
matter.
Sincerely,
Stewart W. Olive
Attorney at Law
pc: Weld County Commissioners
client
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January 7, 2009
Subject: Water trucks illegal use of hook-up at CR3 & Hwy 60
To whom it may concern,
My name is James Skeen and I live at 3591 Bianca Court, Loveland Colorado in the
Hacienda Heights subdivision. I live less than 200 yards from the corner of CR 3 and
Hwy 60 where there is an industrial water hook up for commercial trucks. Recently it
was determined that it was illegal for water trucks to use this facility as it is not zoned for
this use.
I have observed on two occasions, the most recent being this last Sunday, trucks filling
up with water at this location in violation of the new guidelines.
I strongly encourage the county to enforce the discontinued use of this facility as it is
dangerous, inconsistent with the traffic use in the area and an eye sore to the
subdivision and homes located around it. In our opinion, the best way to ensure
compliance is to simply have the hook up removed.
Additionally, funds (95000 each) were received from the Hacienda Heights homeowners
by the builder of our subdivision, Fran Garcia and given to the county with the
agreement from the county that CR 3 would be paved from Hwy 60 south to the second
cannel when the subdivision was complete (this occurred three years ago). When the
paving happens it would not be good for industrial vehicles, such as water trucks, to use
this road as unnecessary road damage would certainly occur and increase the counties
maintenance costs.
If you have any questions regarding this letter, I can be contacted at 303-589-8075.
Sincerely,
James Skeen
Hacienda Heights HOA Secretary
February 21,2009
RE: Illegal use of water hook-up at the corner of C.R.3 & Hwy.60
To Whom It May Concern,
My name is Clarissa Norris, and my husband Todd and I live at 3599 Bianca Court,
Loveland, Colorado in the Hacienda Heights Subdivision. We have witnessed (on
multiple occasions) "Magpie" water trucks filling up at the water hook-up straight'
east of our home. On the second occasion I happened to be home for a time
period of approximately 3 hours. Within this time period, I counted 5 trucks
filling up!
We thought that it was recently found in court to be illegal for water trucks to
use this facility? If Magpie won't comply with a direct court order, maybe the
hook-up should be removed?
Also, when we moved into the Hacienda Heights Subdivision 3 years ago (our
home being the last property to be completed in this subdivision), each of us 5
homeowners gave $5,000.00 to Hacienda Builders, Fran Garda — who in turn
gave it to Weld County, with the understanding that C.R.3 would get paved from
Hwy. 60 south. When this paving gets done, the water trucks would obviously
cause damage to this new road.
If you need any further information regarding this matter, please feel free to
contact us at (970)290-0589.
Sincerely,
Clarissa and Todd Norris
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