HomeMy WebLinkAbout20100354 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING THE DECISION OF THE PLANNING
DIRECTOR REQUIRING A BUILDING PERMIT FEE AND THE ASSESSMENT OF A
ROAD IMPACT FEE - MICHAEL MILLER
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, the Board of County Commissioners has received an appeal from Michael
Miller, 2650 64th Avenue, Greeley, Colorado 80634, concerning the decision by the Director of
Department of Planning Services to require a Building Permit Fee, in the amount of$437.68, and
assess a Road Impact Fee, in the amount of $1,987.00, on the following described real estate,
to-wit:
Lot B of Corrected Recorded Exemption#2573; being
part of Section 9, Township 6 North, Range 66 West
of the 6th P.M., Weld County, Colorado
WHEREAS, upon consideration of such appeal, including a review of all information
submitted by Michael Miller and the Department of Planning Services,the Board deems it advisable
to affirm the decision of the Director of Department of Planning Services concerning the Building
Permit fee, in the amount of $437.68, and to affirm said appeal and reject the decision of the
Planning Director concerning the assessed Road Impact fee, in the amount of$1,987.00.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the appeal of Michael Miller, be, and hereby is, affirmed, in part, and
dismissed, in part.
BE IT FURTHER RESOLVED by the Board that the decision by the Director of Department
of Planning Services to require a Building Permit Fee, in the amount of$437.68, be, and hereby is,
affirmed.
BE IT FURTHER RESOLVED by the Board that the decision by the Director of Department
of Planning Services to assess a Road Impact Fee, in the amount of$1,987.00, be, and hereby is,
rejected.
2010-0354
PL0073
APPEAL CONCERNING DECISION OF PLANNING DIRECTOR - MICHAEL MILLER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of February, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: rw . P„vr
� D ugla dema er, Chair(_
Weld County Clerk to the rIoard
• .� � U�4"y/IS "L -BY: Ili, A �L
arbara Kirkmeyer, Pro-Tem /
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Deputy Clerk to the a ` b °
Sean . Con
APP (11
��� � William F. Garcia
my Attorney EXCUSED
David E. Long
Date of signature: 3////0
2010-0354
PL0073
f[ MEMORANDUM
I ` t ' "Tt :
Board r of County Commissioners
Wi` „Jib M:
I �\ , v
FRO Trevor Jiricek, Director, Department of Planning Services
COLORADO ATE: February 11, 2010
- --- I '' `3&ject: Appeal of Building Permit Fee's
Request: In accordance with Section 2-4-10 of the Weld County Code, Mike Miller has appealed the
building permit fee (renewal) and road impact fee assessed to the building he has constructed at 14280
WCR 72. The road impact fee is $1,987.00 and the building permit fee is $437.68 for a total of$2,424.68.
Recommendation: The Department of Planning Services recommends that the Board of County
Commissioners uphold both fee's. The Department is assessing the road impact fee per Section 20-1-
210.D of the Weld County Code (WCC) because Mr. Miller's permit did expire on two different occasions.
Section 20-1-210.D states:
Any development for which a completed application for a building permit was submitted prior to the
effective date of this Weld County Road Impact Fee Ordinance, provided that the construction proceeds
according to the provisions of the permit and the permit does not expire prior to the completion of the
construction.
The building permit fee has been pro-rated to recover only those costs that exist with conducting final
inspections. Note: The proration of fee's was conducted in accordance with new Department policy
implemented as the result of recent direction from the Board of County Commissioners during the review of
Chapter 29 of the WCC.
Background: On April 16, 2003, permit number BCN-020622 was issued for a structural steel building to
include a shop, garage,and storage area with 2400 square feet for temporary living quarters. The permit fee
was$1,796.96($1007.25 permit fee, $98.00 electrical, $654.71 plan check fee, $37.00 construction meter).
At this time the fee for road impact was not applied as the policy at this time was that the fee was placed on
the principle dwelling and not the temporary. Since this time, Mr. Miller has chosen not to build the principle,
changing the use of the living quarters in the building to the principle on the parcel.
At the time this permit was issued, the Code allowed for an inspection at least every 180 days which would
then extend the expiration date another 180 days from that date. After several letters and telephone calls to
encourage inspections,the owner requested an extension and was granted 180-day extension by the Building
Official. On January 16, 2008, the permit was finally expired and a violation initiated.
On March 11, 2008, Mr. Miller was approved to get a new permit with no fee and a one-year expiration date.
The application was processed and the owner was notified the permit was ready to be issued. Mr. Miller was
again notified in August, 2008, that the permit was ready to be issued (there is a 180-day plan review
expiration). In October, 2008, the permit was issued and mailed to the owner with a letter stating a new septic
permit would need to be obtained. It also advised the expiration date was October 1, 2009 and the
Homeowner Affidavit and Building Permit Expiration form should be signed and returned to our office within 10
days. To date, a new septic permit has not been issued.
On September 3,2009, a reminder letter of the October 1 expiration date was mailed. After no response,the
permit was expired and a violation letter was sent on October 7, 2009. On October 23,2009,a certified letter
was sent advising the violation case was scheduled with the Board of County Commissioners for November
10, 2009. Mr. Miller advised that he had discontinued construction on the structure and would get a new
2010-0354
Mike Miller
February 11, 2010
Page 2
permit when he was able to continue and that he would be unable to attend the violation hearing. Mr. Miller
was advised that a new permit would include Road Impact fees. Mr. Miller then indicated that the building was
completed and asked if final inspections could be scheduled. Mr. Miller was advised that there was no active
permit and a new permit would need to be obtained with all applicable fees in order to final the permit—
leading to his request for an appeal to these fee's.
Please see the attached chronology of events related to this permit.
Michael D and Kimberlea N Miller
BCV08-00017
04/16/03 Permit number BCN-020622 issued for a structural steel building to include a shop,
garage, and storage area with 2400 square foot temporary living quarters
fee$1,796.96
10/08/03 Inspection—setbacks approved
corrections on footings/caissons, rebar, underground electric, and permanent meter
not ready for rough electric, underground plumbing, rough plumbing, rough heat, and
framing
10/27/03 Inspection—underground electric approved
02/12/04 Inspection—underground plumbing approved, underground gas line partially approved
08/30/04 10-day letter to remind owner of permit expiration
09/0 8/04 Inspection—water service not ready
per inspector,this inspection does not extend the permit
09/22/04 Phone call to owner—he will be ready for an inspection on Monday or Tuesday.
10/29/04 Phone call from owner—inspection scheduled for 11/03/04
11/03/04 Inspection—water service approved
footings/caissons, rebar, rough plumbing, rough heat,and framing not ready
05/04/05 Letter to advise permit is due to expire.
05/09/05 Phone call from owner, he will request an extension.
05/10/05 180-day extension approved per Building Official.
11/10/05 10-day letter advising extension has expired.
11/21/05 Inspection—partial approval on rough electric
04/20/06 Letter to advise of 05/20/06 expiration date.
05/26/06 Inspection— not ready for framing—questions only
05/31/06 Letter advising permit was not extended due to no approval on 05/26/06.
06/07/06 Phone call from owner, he will send engineered letter approving footings and
foundation.
06/16/06 Inspection—footings and rebar approved per engineered letter.
11/14/06 Letter to advise of 12/13/06 expiration date.
12/15/06 Inspection—partial approval on framing
05/14/07 Letter to advise of 06/13/07 expiration date.
06/13/07 Phone call from owner, inspection scheduled for 06/20/07.
06/20/07 Inspection rescheduled to 06/27/07.
06/27/07 Inspection rescheduled to 07/02/07.
07/02/07 Inspection rescheduled to 07/06/07.
07/06/07 Inspection-rough electric scheduled—information only.
07/09/07 Inspection—not ready for rough electric
07/16/07 Inspection—rough electric approved
01/16/08 BCN-020622 expired,violation letter issued.
02/06/08 Phone call from owner inquiring about inspections, he was advised a new permit will
need to be issued; Assistant Building Official spoke with owner and will determine fees.
03/11/08 Approval by Building Official to issue a new permit; permit information processed
03/26/08 Phone call to owner by front staff, left message that permit is ready, need septic permit
approval and Home Owner Affidavit signed—no fee.
Page 2
08/27/08 Phone call to owner from front staff advising permit is ready, owner stated he is waiting
on the septic. Permit number SP-0200578 has expired, no new septic permit submitted.
10/01/08 Permit number BCR08-00160 issued to complete inspections. Letter stating the Building
Official approved the issuance of a new permit and advised the expiration date is
10/01/09 and a new septic permit must be obtained.
12/30/08 Inspection—underground gas line approved
09/03/09 Letter to advise permit will expire on October 1, 2009.
10/07/09 Permit expired, 14-day violation letter issued.
10/23/09 Letter to advise violation is scheduled with the Board of County Commissioners for a
violation hearing on 11/10/09.
11/06/09 Received e-mail letter from owner stating he has discontinued work on the project and
will obtain a new permit when he is able to continue. He stated he is unable to attend
the violation hearing on 11/10/09.
11/06/09 Response to owner advising a new permit fee will include the Road Impact and Capital
Expansion fees. Also advised that, if he chooses to permit the structure as a
shop/garage only and exclude the living quarters, the appropriate fees will be assessed.
11/6/09 Response from owner that the shop is finished and inquiring if it can be finaled at this
time.
I responded that there is no active permit so a permit application will need to be
submitted. Once the permit is issued and fees paid,we can complete inspections to
determine if the building can be finaled or if there are corrections to be completed.
11/10/09 BOCC referred the violation case to the County Attorney's office and delayed action for
30 days. Owner will come into the office to discuss his options on 11/16/09.
11/13/09 E-mail from Trevor Jiricek, Director of Planning, outlining permit fees($4,790.21)and
inspections to be completed.
11/20/09 E-mail from owner stating he believes the fees are excessive and he would like to appeal
the assessment to the BOCC.
11/23/09 E-mail from Trevor Jiricek to owner advising there are possible fee changes that may
affect his permit but the plan review fee and Road Impact Fee will remain the same.
12/01/09 E-mail from Trevor Jiricek to owner stating the revised fee will be$2,424.86.
12/07/09 E-mail from owner stating he would still like to appeal the Road Impact Fee as it was not
in effect at the time the first permit was issued.
12/09/09 E-mail from Trevor Jiricek verifying the Road Impact Fee was in effect at the time the
permit was issued but the fee was not assessed as the living quarters were to be
temporary during construction of the principle dwelling. No single family dwelling has
been built so the living quarters are the principle dwelling.
12/11/09 E-mail from owner stating the RIF did not go into effect until 2003 and he was told the
fee would not be assessed when the permanent dwelling was built.
12/14/09 E-mail from Trevor Jiricek to owner stating the RIF did not go into effect until 2003 but
the revised code requires that, should a permit expire after the implementation of the
revised code,the fee will be assessed.
12/23/09 E-mail from Trevor Jiricek to owner, prior to scheduling an appeal hearing,we need to
establish that there is adequate basis or rationale to appeal the fees.
01/05/10 E-mail from Trevor Jiricek to owner to respond to 12/23/09 e-mail.
Page 3
01/05/10 Response from owner regarding rationale for fee appeal.
01/06/10 E-mail from Trevor Jiricek to Bruce Barker attaching owners response.
01/26/10 E-mail from Trevor Jiricek to owner regarding date to schedule hearing.
01/26/10 Response from owner to schedule at our convenience.
01/29/10 Certified letter mailed to owner to advise the case is scheduled with the Board of
County Commissioners on 02/17/10 at 9:00 a.m.
02/01/10 Received signed return receipt
Esther Gesick
From: Trevor Jiricek
Sent: Wednesday, December 23, 2009 9:23 AM
To: Esther Gesick
Subject: FW: Weld County Building Permit#BCN-020622
Esther,
Below is the other email string that we discussed. Please let me know if you think we need anything else. THANKS!
Trevor Jiricek
Director
Department of Planning Services
918 10th Street
Greeley,Colorado 80631
Email: tjiricek@co.weld.co.us
Office#:970-353-6100, Extension 3550
Fax#:970-304-6498
From: Trevor Jiricek
Sent: Thursday, December 17, 2009 9:17 AM
To: Wendi Inloes
Subject: FW: Weld County Building Permit #BCN-020622
Heres the email with Millers fee's....
Trevor Jiricek
Director
Department of Planning Services
918 10th Street
Greeley,Colorado 80631
Email: tjiricek@co.weld.co.us
Office#:970-353-6100, Extension 3550
Fax#:970-304-6498
From: Trevor Jiricek
Sent: Tuesday, December 01, 2009 10:26 AM
To: Trevor Jiricek; Michael Miller
Cc: Peggy Gregory; Kenneth Swanson
Subject: RE: Weld County Building Permit #BCN-020622
Mike,
I apologize for the delay in getting back to you. We've revised our internal policy for situations like yours. We
have re-calculated your fee. It is as follows:
Building Permit fee $437.68 (per Department policy)
Electrical fee $0 (combined with building permit fee)
Capital Expansion fee $0 (will be waived since structure was in place at time of ordinance adoption)
Road Impact fee $1,987.00 (see section 20-1-200 and 20-1-210.D.)
Plan Review fee $0 (we will not need to re-review your plans)
TOTAL = $2,424.68
1
If you'd still like to appeal the fee's please let me know and I'll get it scheduled with the Commissioners.
Thanks for your patience. I hope all is well with you!
Trevor Jiricek
Director
Department of Planning Services
918 10th Street
Greeley,Colorado 80631
Email: tjiricek@co.weld.co.us
Office#:970-353-6100, Extension 3550
Fax it:970-304-6498
From: Trevor Jiricek
Sent: Monday, November 23, 2009 5:33 PM
To: 'Michael Miller'
Cc: Peggy Gregory; Kenneth Swanson
Subject: RE: Weld County Building Permit #BCN-020622
Mike,
We're in the process of revising our code and policy to address situations like yours. We actually met with the
Commissioners today to discuss code changes relevant to your situation. Give us a day or two to settle on new code
language and then we'll re-calculate your fee based upon the direction we rec'd from the Commissioners today and I'll
get back to you. Your building permit fee should be reduced but unfortunately the plan review and road impact fee will
remain the same. Anyway, I'll get back to you in a day or two....
Trevor Jiricek
Director
Department of Planning Services
918 10th Street
Greeley,Colorado 80631
Email: tjiricek@co.weld.co.us
Office#:970-353-6100, Extension 3550
Fax#:970-304-6498
From: Michael Miller [mailto:mdmillerman@msn.com]
Sent: Thursday, November 19, 2009 10:03 PM
To: Trevor Jiricek
Subject: RE: Weld County Building Permit #BCN-020622
Trevor,
Thank you for the information. I think that this assessment of fees is excessive and would like to appeal
this assessment to the BOCC. Please advise me as to the procedure to start that process. Thank you for
your help. Mike Miller
From: tjiricek@co.weld.co.us
To: mdmillerman@msn.com
CC: winloes@co.weld.co.us; pgregory@co.weld.co.us; rvigil@co.weld.co.us
2
Date: Fri, 13 Nov 2009 15:00:16 -0700
Subject: Weld County Building Permit #BCN-020622
Mike,
Per our discussion, I've summarized below the fee's that would be required to move forward with
your building permit along with the Weld County Code citations outlining our obligation to charge
the fee's. I've also attached the time line and a list of the inspections that must be completed to
final this permit.
Fee information:
The fee's for a new permit for the 60 X 110 structural steel building to include a shop, garage,
and storage area plus 2400 square feet for living quarters will be $4,790.21. The fee's are
broken down as follows:
Building Permit fee $1,512.25 (see section 29-8-45.A. and B.)
Electrical fee $308.00 (see section 29-8-45. and 29-5-10)
Capital Expansion fee $575.00 (will be waived since structure was in place at time of
ordinance adoption)
Road Impact fee $1,987.00 (see section 20-1-200 and 20-1-210.D.)
Plan Review fee $982.96 (see 29-3-230 - plan would need to be re-reviewed as two more
versions of the code have been implemented)
Just so we're on the same page, our records indicate that the following inspections still need to
be conducted: Framing, gas test, rough plumbing, rough heat, final electric, final plumbing, final
heat, final approval and Certificate of Occupancy for the living quarters.
As you are aware, resolution needs to be concluded on this property to address the current
building code violation. Please let me know if I can be of further assistance.
Trevor Jiricek
Director
Department of Planning Services
918 10th Street
Greeley, Colorado 80631
Email: tjiricek@co.weld.co.us
Office #: 970-353-6100, Extension 3550
Fax #: 970-304-6498
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3
Esther Gesick
From: Wendi Inloes
Sent: Tuesday, December 22, 2009 4:26 PM
To: Esther Gesick
Subject: FW: building permit
From: Trevor Jiricek
Sent: Tuesday, December 08, 2009 8:55 AM
To: Michael Miller
Cc: Peggy Gregory; Wendi Inloes
Subject: RE: building permit
Mike,
You're correct in that the road impact fee wasn't in place at the time you originally obtained the building permit.
Unfortunately, the revised Weld County Code requires that should a building permit expire after the implementation
date of the revised code,and be renewed,that the fee be assessed. At any rate,we need to nail down a date to get you
scheduled for the appeal. I know you're back and forth to Wyoming so what will work for you? The Board meets on
Mondays and Wednesdays. Do any of the following dates work for you in December: December 16, 21, 23, 28, 30.
Look forward to hearing from you. Hope all is well!
Trevor Jiricek
Director
Department of Planning Services
918 10th Street
Greeley,Colorado 80631
Email: tiiricek@co.weld.co.us
Office if:970-353-6100, Extension 3550
Fax it 970-304-6498
From: Michael Miller [mailto:mdmillerman@msn.com]
Sent: Monday, December 07, 2009 11:31 AM
To: Trevor Jiricek
Subject: RE: building permit
Trevor,
I did receive your e-mail and the new fees are a great improvement. I would still like to appeal the
road impact fee since it was not in effect at the time of the first permit and I don't think that the code at
that time required it be paid if the permit expired. Thanks for your help in this matter and please let me
know how to proceed.
Thanks, Mike
From: tjiricek@co.weld.co.us
To: mdmillerman@msn.com
Date: Sat, 5 Dec 2009 10:13:21 -0700
Subject: building permit
1
Mike,
Just checking in to see if you rec'd my last email and if you'd still like to appeal the fee's....THANKS!
Trevor Jiricek
Director
Department of Planning Services
918 10th Street
Greeley, Colorado 80631
Email: tiiricekftco.weld.co.us
Office #: 970-353-6100, Extension 3550
Fax #: 970-304-6498
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2
Serif: Tuesday,January 05, 2010 8:30 PM
To: Trevor Jiricek
Subject: RE: Weld County Building Permit#BCN-020622
Trevor,
Thanks for your help in resolving this matter. I do have some concerns regarding how it is being handled. I
received an e-mail from Peggy Gregory on November 6, 2009 stating that staff would accept my letter
explaining my intentions regarding this permit and that the matter would be referred back to the planning
department and also that I need not appear at the meeting on November 10th. I then receive a letter stating that
despite all attempts to resolve the matter by planning staff the matter had not been corrected and since I was
not at the meeting that it was being referred to the county attorney for legal action.This is not acceptable and
in direct conflict with what I was told. I am a bit confused about which direction to go in this case and do not
appreciate being told one thing and then having the department do another. Regardless I will outline my
reasoning behind the appeal.
* There is no justification for additional fees for another new building permit. Nothing has changed in the
building plan and there would be no additional costs to the county for renewal of the permit. There will be no
additional inspections nor any plan review necessary. If there were to be additional costs involved those costs
should be passed directly on to me on a per item basis but to just throw out an arbitrary number or to demand a
complete new permit fee is not justified by cost to the county unless the county is changing to a for profit entity.
This permit should be administered under the code in place at the time of issuance not current code.
* The road impact fee should not be charged in this case because it was not in place at the time of
issuance of the permit. There was nothing in the code to allow for this at the time the permit was issued therefor
it should not be applied to this case. To apply code created after the time the permit was issued is unfair and
unreasonable and a direct contradiction of the Constitution of the United States.
* My problems in completing this work were not because of things under my control. Shortly after
issuance of this permit I underwent the first of seven surgeries resulting from an auto accident. I had no idea
that I would be disabled for over six years from this accident and was only released to return to work in July of
2009. I tried to complete what I could of the project despite my injuries and got quite a bit done but I was unable
to get finished. Because my health insurance company dropped me 4 months after my accident I lost over
$400,000 out of my retirement and many of my assets during this period of disability. Because of this I was
unable to hire the remaining work done due to the cost. I am now able to continue work towards completion of
the project which will require approximately $25,000 to complete. To have to pay an additional $2,500 in permit
fees which the county is unable to justify is an undue hardship. I would like to finish this home and move to the
farm but it will require cooperation and common sense from all involved to get that done.
This type of code revision flys in the face of property owners rights and the right of a landowner to build his
own home over time as he can afford it. By limiting the amount of time a person can have an active permit you
are forcing people to finance their homes and pay outrageous interest and fees together with having to hire
builders and contractors to complete their homes in a prescribed time frame. Not everyone wants to hire a
builder and not everyone wants to borrow money to build their home. There should be provisions in the code to
allow this. When I was on the Planning Commission we were presented with similar revisions. When I asked for
justification for the increased fees and limited time frames all I was told was that there were additional costs to
the county for having a permit open for an extended time.When asked for details of these costs none were
available. I believe that there are no additional hard costs,just a minor inconvenience to the department. If
there are verifiable costs to keep a permit open then charge those costs as incurred. To do any different is
simply a tax increase disguised as a fee.
Thank you for your time in considering this matter. I look forward to finishing the project,and to creating a
building code that works for the people of the county, not builders and bankers.
Michael Miller
2
f
Peggy Gregory
From: Peggy Gregory
Sent: Friday, November 06, 2009 3:09 PM
To: 'Michael Miller'
Cc: Trevor Jiricek; Wendi Inloes
Subject: RE: BCV08-00017
There is no active permit at this time. You will need to come into the office and complete a permit application
for the intended use and submit the required information. Once the permit is processed,fees paid, and the
permit issued, inspections can be scheduled to determine if the building can be finaled or if there are
corrections. Based on the valuation of the permit, there will be a specific expiration date which should allow
you time to make corrections if needed.
We have a copy of the original building plans in our office. The plans examiner will be able to determine what
changes need to be made to exclude the living quarters or if you will need to submit new plans.
----Original Message----
From: Michael Miller[mailto:mdmillerman@msn.comj
Sent: Friday, November 06, 2009 2:52 PM
To: Peggy Gregory
Subject Re: BCV08-00017
Peggy.
The shop is finished. Could that permit be finaled at this time?
Sent via BlackBerry by AT&T
—Original Message—
From: Peggy Gregory <pgregory@co.weld.co.us>
Date: Fri, 6 Nov 2009 21:10:19
To: <mdmillerman@msn.com>
Subject: RE: BCV08-00017
Mike
Staff will accept your letter regarding expired permit numberBCR08-00160 for a structural steel building with
living quarters. Case number BCV08-00017 will be referred back to the Planning Department.
When you are able to obtain financing and submit a permit to continue the project,the Road Impact Fee and
Capital Expansion Fee will be assessed along with all other required permit fees for the living quarters in the
barn. If you opt to complete the building without living quarters at that time, a permit for the building as a shop,
garage, and storage area only may be submitted and the appropriate fees will be assessed.
Please let me know if you have any questions.
--Original Message----
From: Michael Miller[mailto:mdmillerman@msn.com <mailto:mdmillerman@msn.com>]
Sent Friday, November 06, 2009 12:25 PM
To: Peggy Gregory
Subject: BCV08-00017
Peggy, I have attached a letter explaining my intentions regarding this permit. If it is not sufficient please let me
know what I need to do to get it right. 970-381-0325 Thank you.
Later, Mike
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1
Michael Miller
Telephone 970-330-6351
Fax 970-797-1374
2650 64th Ave.
Greeley, CO 80634
Weld County Planning Department 11-6-2009
Peggy Gregory
918 10th St.
Greeley, CO 80631
Peggy,
This letter is in response to our conversation on 11-2-2009 regarding my expired
building permit# BCV08-00017. I am unable to attend the scheduled hearing for 11-10-
2009 at 10:00 AM. I am discontinuing work on the project while I attempt to secure
alternative financing for completion of the project. At that time I will purchase a new
permit to complete the project. I hope this is sufficient to postpone action on this
violation. If not please reschedule the hearing and I will address those issues at the
hearing. Thank you for your time.
Michael Miller
Hello