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HomeMy WebLinkAbout20091089.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BRADLEY AND ROBIN GUTKNECHT 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, Bradley and Robin Gutknecht, ZCV #0800392, are 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 14th day of April, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to May 12, 2009, to allow adequate time for the property owners to be able to attend the violation hearing. WHEREAS, on the 12th day of May, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Bradley Gutknecht, 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 June 26, 2009, to allow adequate time for the property owners to submit a Use by Special Review application and a Recorded Exemption Permit, and to complete the demolition of the mobile home on -site, to bring the subject property into compliance and for an inspection 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 #0800392 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Bradley and Robin Gutknecht 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 June 26, 2009, to allow adequate time for the property owners to submit the permit applications, and to complete the demolition of the mobile home to bring the subject property into compliance. 2009-1089 PL0824 �y l0 j, Pt , Vi0 56 77C VIOLATIONS - ZCV #0800392 - BRADLEY AND ROBIN GUTKNECHT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2009. ATTEST: Weld County Clerk to the Boar BOARD OF C• NTY COMMISSIONERS WELb td , q', COLORADO F. Garcia, Chair a ademac er, Pro -Tern Sean P. Conway APPEXCUSED C Barbara Kirkmeyer iy Attorney EXCUSED David E. Long Date of signature 5Aa7/C7 2009-1089 PL0824 Violation Summary Report BASIC INFORMATION GUTKNECHT BRADLEY & ROBIN Tenant: 11105 W CENTER AV LAKEWOOD, CO 80226 Compliance Officer: Bethany Salzman Violation Number: ZCV08-00392 Situs Address: 20864 CR 12 Legal: PT NE4 9-1-65 LOT C REC EXEMPT RE -2773 EXC UPRR RES (1.82R) SITUS: 20864 12 CR WELD 0 Location: Location West of and adjacent to CR 43 and South of and adjacent to CR 12 **Within Hudson IGA** North Agriculturally Zoned properties and approximately 1/2 mile South of Hwy 52 South Agriculturally Zoned properties East Agriculturally Zoned properties and approximately 1/2 mile West of 1-76 and Municipal boundary of Hudson West Agriculturally Zoned properties Parcel Number: 147309000008-R8886200 Acreage: 149.25 Certified Mail Date: 02/03/2009 04/16/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-30.C MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. 23-3-40 Uses by special review 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. 23-3-40.M MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING, RANCHING or GARDENING. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. REMEDY The presence of 7+/- manufactured structures (even if temporary) requires both building and zoning permits. In fact, in order to maintain more than 1 (one) a Use by Special Review (USR) permit may be required. At our Pre -Application meeting on January 8, 2009, staff directed you to speak with the Town of Hudson and have them complete the Notice of Inquiry. Staff also asked you to keep us updated as to your progress. In order to maintain forward progress towards correcting this violation, the above hearing has been scheduled. If a complete Use by Special Review application is submitted before April 14, 2009, the violation hearing will be cancelled. If not, you or a representative will want to attend that hearing to request additional time for submittal. RECOMMENDATION 2009-1089 Violation Summary Report The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 12/04/2008 Complaint Validated 12/04/2008 LTTR: 5 Day Letter 12/17/2008 02/03/2009 04/16/2009 04/16/2009 04/16/2009 LTTR: Violation Notice LTTR: Hearing Notification Continued LTTR: Hearing Notification Reschedule OTHER CASE HISTORY 12/01/2008 Property Inspected 12/16/2008 Phone Call 01/08/2009 Other 01/21/2009 Phone Call 02/05/2009 Property Inspected 02/23/2009 Certified Mail Receipt 04/06/2009 Other 04/15/2009 E -Mail Sent 04/16/2009 Other Upon a visual inspection of the property, the following items were noted: 7+/- Construction Trailers were visible from CR 41. No pictures were taken during this inspection. Brad Gutknecht (303-475-4399) left a voice message. I called him back on 12/17/08. We discussed the 7+/ - Construction Trailers (he said old class rooms). I advised him in order to even store them on a property they needed to be permitted. He stated he was unaware. I explained he could submit a ZPMH for each one, but since there were multiple units, the cases would automatically have to presented to the Board (Staff can only approve 1 any additional units have to be heard by the Board). I explanied that this avenue would only be valid for 6 months. I explained that he could also apply for a USR to store them more long term. He mentioned that he might want to include a RV Storage Yard also. I explained he could call out as many uses as he wanted through the USR process. I then briefly discussed the other occupied mobile homes. I advised him that the Planner that processed his RE should have had him submit an actual application to consider them Accessory to the Farm. She called them out as Accessory to the Farm, but did not have him submit the paperwork necessary. I advised him that his next step should probably be a Pre -Application Meeting. I told him I would get the necessary application along with a 30 day letter out to him tomorrow and advised him that he would need to get that back to us as soon as possible. Brad Gutnecht, Gary Schreiber (neighbor), Don Carroll, Kim Ogle, Christ Gathman, Wendi Inloes, Kris Ranslem and I met to discuss his property and how to bring it into compliance. See Pre -Application memorandum (PA09-001) in file. Kim Ogle left a message for Brad asking for an update. Upon a visual inspection of the property, the following items were noted: the units are still present. See picture dated 02/05/09. Certified Receipt received - signed I sent a courtesy reminder of 04/14/09 Violation Hearings. Sent Brad Gutknecht (bradgutknecht@comcast.net) an e-mail advising that the Board did grant a continuance till May 12, 2009. I sent a courtesy reminder of 05/12/09 Violation Hearings. COLORADO April 16, 2009 GUTKNECHT BRADLEY & ROBIN 11105 W CENTER AV LAKEWOOD, CO 80226 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 Case: ZCV08-00392 Legal Description: PT NE4 9-1-65 LOT C REC EXEMPT RE -2773 EXC UPRR RES (1.82R) SITUS: 20864 12 CR WELD 0 Dear GUTKNECHT BRADLEY & ROBIN: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 405/1272009 ` ""I"D 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 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-30.C MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. 23-3-40 Uses by special review 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. 23-3-40.M MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING, RANCHING or GARDENING. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: The presence of 7+/- manufactured structures (even if temporary) requires both building and zoning permits. In fact, in order to maintain more than 1 (one) a Use by Special Review (USR; permit may be required. At our Pre -Application meeting on January 8, 2009, staff directed you to speak with the Town of Hudson and have them complete the Notice of Inquiry. Staff also asked you to keep us updated as to your progress. In order to maintain forward progress Page 1 of 2 lINDe 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 towards correcting this violation, the above hearing has been scheduled. If a complete Use by Special Review application is submitted before April 14, 2009, the violation hearing will be cancelled. If not, you or a representative will want to attend that hearing to request additional time for submittal. 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. cerely, Bethany Salzm Zoning Compliance Officer II pc: ZCV08-00392 Page 2 of 2 Bethany Salzman From: Sent: To: Subject: Bethany Salzman Wednesday, April 15, 2009 1:48 PM 'brad gutknecht' RE: RE -SCHEDULE HEARING DATE The Board did grant your request for a continuance to the May 12th, Violation Hearings. Same time and place, but on May 12th. If you submit the USR application before May 12th, the above hearing will be cancelled. Original Message From: brad gutknecht[mailto:bradgutknecht@comcast.net] Sent: Monday, April 13, 2009 9:52 AM To: Bethany Salzman Subject: RE -SCHEDULE HEARING DATE APRIL 13, 2009 Dear Bethany, I would like to re -schedule my zoning compliance hearing to May 12th, 2009. I have my new trees arriving tomorrow at the Nursery. Because they come bare root in a refrigerated truck, they need immediate attention. They are shipped with other orders so I couldn't set there schedule. I'm also in the last week of digging in the field before my trees leaf out. I met with Joe Racine and Jerry at Hudson. Did you get your response from Joe about our plans on use by special review? Kim Ogle was going to contact Joe after I met with him. I met with Jerry at the Nursery. Thank you for your consideration. I appreciate it. I will wait for your response. Sincerely, Brad Gutknecht 303-475-4399 Violation Summary Report BASIC INFORMATION GUTKNECHT BRADLEY & ROBIN 11105 W CENTER AV LAKEWOOD, CO 80226 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV08-00392 Situs Address: 20864 CR 12 Legal: PT NE4 9-1-65 LOT C REC EXEMPT RE -2773 EXC UPRR RES (1.82R) SITUS: 20864 12 CR WELD 0 Location: Location West of and adjacent to CR 43 and South of and adjacent to CR 12 **Within Hudson IGA** North Agriculturally Zoned properties and approximately 1/2 mile South of Hwy 52 South Agriculturally Zoned properties East Agriculturally Zoned properties and approximately 1/2 mile West of 1-76 and Municipal boundary of Hudson West Agriculturally Zoned properties Parcel Number: 147309000008-R8886200 Acreage: 149.25 Certified Mail Date: 02/03/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-30.C MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. 23-3-40 Uses by special review 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. 23-3-40.M MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING, RANCHING or GARDENING. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. REMEDY The presence of 7+/- manufactured structures (even if temporary) requires both building and zoning permits. In fact, in order to maintain more than 1 (one) a Use by Special Review (USR) permit may be required. At our Pre -Application meeting on January 8, 2009, staff directed you to speak with the Town of Hudson and have them complete the Notice of Inquiry. Staff also asked you to keep us updated as to your progress. In order to maintain forward progress towards correcting this violation, the above hearing has been scheduled. If a complete Use by Special Review application is submitted before April 14, 2009, the violation hearing will be cancelled. If not, you or a representative will want to attend that hearing to request additional time for submittal. RECOMMENDATION Violation Summary Report The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 12/04/2008 Complaint Validated 12/04/2008 LTTR: 5 Day Letter 12/17/2008 LTTR: Violation Notice 02/03/2009 LTTR: Hearing Notification OTHER CASE HISTORY 12/01/2008 Property Inspected 12/16/2008 Phone Call 01/08/2009 Other 01/21/2009 Phone Call 02/05/2009 Property Inspected 02/23/2009 Certified Mail Receipt 04/06/2009 Other Upon a visual inspection of the property, the following items were noted: 7+/- Construction Trailers were visible from CR 41. No pictures were taken during this inspection. Brad Gutknecht (303-475-4399) left a voice message. I called him back on 12/17/08. We discussed the 7+/ - Construction Trailers (he said old class rooms). I advised him in order to even store them on a property they needed to be permitted. He stated he was unaware. I explained he could submit a ZPMH for each one, but since there were multiple units, the cases would automatically have to presented to the Board (Staff can only approve 1 any additional units have to be heard by the Board). I explanied that this avenue would only be valid for 6 months. I explained that he could also apply for a USR to store them more long term. He mentioned that he might want to include a RV Storage Yard also. I explained he could call out as many uses as he wanted through the USR process. I then briefly discussed the other occupied mobile homes. I advised him that the Planner that processed his RE should have had him submit an actual application to consider them Accessory to the Farm. She called them out as Accessory to the Farm, but did not have him submit the paperwork necessary. I advised him that his next step should probably be a Pre -Application Meeting. I told him I would get the necessary application along with a 30 day letter out to him tomorrow and advised him that he would need to get that back to us as soon as possible. Brad Gutnecht, Gary Schreiber (neighbor), Don Carroll, Kim Ogle, Christ Gathman, Wendi Inloes, Kris Ranslem and I met to discuss his property and how to bring it into compliance. See Pre -Application memorandum (PA09-001) in file. Kim Ogle left a message for Brad asking for an update. Upon a visual inspection of the property, the following items were noted: the units are still present. See picture dated 02/05/09. Certified Receipt received - signed I sent a courtesy reminder of 04/14/09 Violation Hearings. COLORADO April 6, 2009 DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E -_mail Address: bsalzmanta�co.weld.co.us PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 GUTKNECHT BRADLEY & ROBIN 11105 W CENTER AV LAKEWOOD, CO 80226 Subject: ZCV08-00392, Lot C of RE -2773 also known as Part of the NE4 of Section 9, TIN, R65W of the 6`n P.M., Weld County, Colorado Dear MR. & MRS. GUTKNECHT: This letter is being sent as a courtesy reminder of the Violation Hearing scheduled for APRIL 14, 2009 at 10:00 a.m. to discuss violations of the Weld County Zoning Code, Chapter 23. 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. Sicerely, Bethany Salzm Zoning Compliance Officer II pc: ZCV08-00392 SERVICE. TEAMWORK, INTEGRITY. QUALITY "et COLORADO February 03, 2009 GUTKNECHT BRADLEY & ROBIN 11105 W CENTER AV LAKEWOOD, CO 80226 Case: ZCV08-00392 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 Legal Description: PT NE4 9-1-65 LOT C REC EXEMPT RE -2773 EXC UPRR RES (1.82R) SITUS: 20864 12 CR WELD 0 Dear GUTKNECHT BRADLEY & ROBIN: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 04/14/2009 4 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 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-30.C MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. 23-3-40 Uses by special review 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. 23-3-40.M MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING, RANCHING or GARDENING. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: The presence of 7+/- manufactured structures (even if temporary) requires both building and zoning permits. In fact, in order to maintain more than 1 (one) a Use by Special Review (USES; permit may be required. At our Pre -Application meeting on January 8, 2009, staff directed you to speak with the Town of Hudson and have them complete the Notice of Inquiry. Staff also asked you to keep us updated as to your progress. In order to maintain forward progress Page 1 of 2 41; tip% 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 towards correcting this violation, the above hearing has been scheduled. If a complete Use by Special Review application is submitted before April 14, 2009, the violation hearing will be cancelled. If not, you or a representative will want to attend that hearing to request additional time for submittal. 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. Sincerely Bethany Salzmari� Zoning Compliance Officer pc: ZCV08-00392 U.S. Postal Service.,, CERTIFIED MAILT,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m uT m Postage r Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee C (Endorsement Required) Q- S Total Postage & Fees NC 0 r` Sent Foal., -I Cenept StreN Apt or PO Sox No. .Ito City. StateCity, State. 27Pi4����������������� Postmark Here limb`' 1 Page 2 of 2 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: GuAreattipsa 111D5 o5 ti3 Cent Pve Lattuzzet, COMPLETE THIS SECTION ON DELIVERY Received by (PrinteWName) 11 O Agent L' jKAddressee �Date of Delivery `2-iq-oq em1? Dyes elow: O No Dg 3. Service Type Certified Mail O Express Mail Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 7007 1490 0004 7353 1313 102595-02-M-1540 4P,tts lliDc COLORADO TO: DATE: FROM: SUBJECT: MEMORANDUM PA09-001; Case File, p- application January 8, 2009 Kris Rans!' Pre Attendees: Brad Gutknecht, Applicant Gary Schreiber, Applicant's Nil Don Carroll, Public Works Kim Ogle, Planning Chris Gathman, Planning Wendi Inloes, Planning Kris Ranslem, Planning Bethany Salzman, Zoning Compliance On Thursday, January 8, 2009 an informal disk Offices Conference Room regarding a USR with description is Lot C RE -2773; being part of the NE4 Se. the 6th P.M.; Situs Address is 20864 CR 12) n fitting ,d at the Greeley Administrative .i multiple residences. (The legal ,, Township 1 North, Range 65 West of Background Information: For the past 11 years the applicant has been developing a tree farm. He sells wholesale and plants area in phases. The applicant intends to plant vegetables and corn this year to offset the sales of trees. The site encumbers approximately 147 acres. The applicant has recently purchased temporary classrooms and is hopeful that a private school in Adams County will purchase and utilize the classrooms. At this time there is no contract for the sale. If they do not sell he intends to use one trailer for storage and sell the remaining. The applicant's neighbor, Mr. Schrieber, wishes to purchase 3 of the trailers to convert into a barn which will he intends to be Ag Exempt. Mr. Schrieber's property is Lot A of RE -2773. According to the applicants' the trailers are 40 foot in length and are on axles and have two (2) walls. The "end" trailer has three (3) walls. The trailers are connected to make one large classroom. The applicant indicated that there are two (2) mobile homes as well as two (2) stick built homes on the property. One of the stick built homes is utilized as an office for the nursery business. The other stick built home is rented and the tenant is not employed by the applicant. The two mobile homes are rented to his employees who work part-time for the nursery business. Public Works The road located to the north of the site has been vacated. The applicants would need to show an easement through the property. MEMORANDUM WIIVe COLORADO TO: PA09-001; Case File, pre -application DATE: January 8, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for nursery and multiple residences Attendees: Brad Gutknecht, Applicant Gary Schreiber, Applicant's Neighbor Don Carroll, Public Works Kim Ogle, Planning Chris Gathman, Planning Wendi Inloes, Planning Kris Ranslem, Planning Bethany Salzman, Zoning Compliance On Thursday, January 8, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a USR with nursery and multiple residences. (The legal description is Lot C RE -2773; being part of the NE4 Section 9, Township 1 North, Range 65 West of the 6th P.M.; Situs Address is 20864 CR 12) Background Information: For the past 11 years the applicant has been developing a tree farm. He sells wholesale and plants area in phases. The applicant intends to plant vegetables and corn this year to offset the sales of trees. The site encumbers approximately 147 acres. The applicant has recently purchased temporary classrooms and is hopeful that a private school in Adams County will purchase and utilize the classrooms. At this time there is no contract for the sale. If they do not sell he intends to use one trailer for storage and sell the remaining. The applicant's neighbor, Mr. Schrieber, wishes to purchase 3 of the trailers to convert into a barn which will he intends to be Ag Exempt. Mr. Schrieber's property is Lot A of RE -2773. According to the applicants' the trailers are 40 foot in length and are on axles and have two (2) walls. The "end" trailer has three (3) walls. The trailers are connected to make one large classroom. The applicant indicated that there are two (2) mobile homes as well as two (2) stick built homes on the property. One of the stick built homes is utilized as an office for the nursery business. The other stick built home is rented and the tenant is not employed by the applicant. The two mobile homes are rented to his employees who work part-time for the nursery business. Public Works The road located to the north of the site has been vacated. The applicants would need to show an easement through the property. Planning Department Staff stated that the applicant should submit a letter to the Building Department explaining the structures of the temporary classrooms and the Building Department would respond with code requirements. The property is currently in violation (ZCV08-00392). Staff indicated that this case is not scheduled for violation hearings at this time; however stressed to the applicant to keep in touch with staff. The applicant mentioned the possibility of future plans to include parking for recreational vehicles, boats, trailers, etc. Water is provided by the Town of Hudson through 1 tap and 4 separate services to the multiple residences. The applicant indicated that there are separate individual septic systems for the multiple residences. The property is located with the Town of Hudson's Growth Management Area; therefore staff expressed that the applicant first submit a Notice of Inquiry which lets the Town of Hudson know that they came to the County inquiring of this process. Staff directed the applicant talk to Joe Racine, Town Administrator, for further input from the town. Staff also indicated that they would be happy to assist in answering any questions. If the Town of Hudson does not want to annex the applicant has the following options through the County: 1. USR application which would encompass everything the applicant desires such as the nursery, RV parking, multiple residences, outdoor storage, etc. 2. Zoning permit. Staff indicated that according to the code they would have to recommend denial to the Board of County Commissioners as it doesn't allow a renter and two accessory to the farm units. 3. Recorded Exemption (RE). This application would split off the multiple residences; however it may be difficult given the layout of the residences. In addition to the water supply and location of the septic systems. The applicant indicated that he would visit with Joe Racine of Hudson and would keep in touch with staff. Staff explained the USR process - that the applicant shall submit 4 packets for our 7 day completeness review. Once the 7 day completeness review is complete the applicant will be informed of what items are still required to make the applicant complete. After the completed application is submitted it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At the meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. End memorandum. WI�DcCOLORADO December 17, 2008 GUTKNECHT BRADLEY & ROBIN 11105 W CENTER AV LAKEWOOD, CO 80226 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us Case: ZCV08-00392 Legal Description: PT NE4 9-1-65 LOT C REC EXEMPT RE -2773 EXC UPRR RES (1.82R) SITUS: 20864 12 CR WELD 0 Dear: GUTKNECHT BRADLEY & ROBIN : 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 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-30.C MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. 23-3-40 Uses by special review 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. 23-3-40.M MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING, RANCHING or GARDENING. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: The presence of 7+/- construction trailers (even if temporary) requires both building and zoning permits. In fact, in order to maintain more than 1 (one) a Use by Special Review (USR) permit may be required. In order to determine if the USR permit is the correct process for you, the first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. Please see the enclosed application or see the following web address: http://www. co.weld.co. us/departments/planning/Planning/Proced u ral_Gu ides6-15-08/PreAp plication%20Request%20(2).pdf %20Req uest%20(2). pdf Page 1 of 2 hiDe COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). Additionally, upon researching your property through the Assessor's Office records, I noted the presence of 2 stick built homes and 2 mobile homes. In looking through your Recorded Exemption (RE -2773) file, I noted that the planner that processed your case called the mobile homes out as Accessory to the Farm (Temporary) uses; however, I need to know of they are still being used as such. All Accessory to the Farm uses are required to be renewed annually. 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 01/19/2009, 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 Salzman Zoning Compliance Officer II pc: ZCV08-00392 Page 2 of 2 Print Form Submit byEmailI WELD COUNTY PRE -APPLICATION REVIEW REQUEST The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the application process; however, this review is not an application. • Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. The second and fourth Friday of any given month pre -applicant reviews are held in the Southwest Service Center office at 10:30 a.m., 11:30 a.m., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre -Application reviews are held Thursday of any given week in the Greeley office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: Fax: Email: Address: Project Description: Property Information: Section -Township - Range Zoning Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name Is this property currently in violation? )(Yes r— No Weld County Department of Planning Services Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Case Number 2- V C& L�3� Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, OR (SPR) SITE PLAN REVIEWS: ❑ :n ❑ Conceptual s ❑ Existing contours and propos ❑ Conceptual drainage ❑ Conceptua • - . nng elevations ❑ Co. . al landscape plan site narrative explaining request .:.• owing all structure nearby roads, and driveway access FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ);_- Brief project na - explaining request Exhibit showing desired c .. o be made Location map showing property, surrou Conceptual zoning map showin, ent and propose. z Conceptual site plan sho . • all structures, parking, nearby roads Existing contou . proposed grades Conce... . rainage ceptual landscape plan and adjacent uses Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 eway access Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WEito tive �D� December 04, 2008 GUTKNECHT BRADLEY & ROBIN 11105 W CENTER AV LAKEWOOD, CO 80226 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 Case: ZCV08-00392 Legal Description: PT NE4 9-1-65 LOT C REC EXEMPT RE -2773 EXC UPRR RES (1.82R) SITUS: 20864 12CRWELD 0 Dear GUTKNECHT BRADLEY & ROBIN: 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: The presence of 7+/- construction trailers (even if temporary) requires both building and zoning permits. In fact, in order to maintain more than 1 (one) a Use by Special Review (USR) permit may be required. In order to determine if the USR permit is the correct process for you, the first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. Please see the enclosed application or see the following web address: http://www. co.weld.co. us/departments/planning/Planning/Proced u ral_Gu ides6-15-08/PreAp plication%20Request%20(2).pdf uest%20(2). pdf This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). Additionally, upon researching your property through the Assessor's Office records, I noted the presence of 2 stick built homes and 2 mobile homes. In looking through your Recorded Exemption (RE -2773) file, I noted that the planner that processed your case called the mobile homes out as Accessory to the Farm (Temporary) uses; however, I need to know of they are still being used as such. All Accessory to the Farm uses are required to be renewed annually. 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. Sincerely, Page 1 of 2 Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00392 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 Page 2 of 2 Identify Results Page 1 of 4 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8886200 Tax Area: 2223 Acres: 146.99 Township Range Section Quart. Sec. 01-65-09-0 Owners Name & Address: GUTKNECHT BRADLEY J & 11105 W CENTER AV LAKEWOOD, CO 80226 Additional Owners: GUTKNECHT ROBIN A Business/Complex: Sale Date Sale Price $0 Parcel#: 147309000008 Bordering County: Subdivison Name Block# Lot# Property Address: Street: 20864 12 CR City: WELD Sales Summary Deed Type Legal Description Reception # PT NE4 9-1-65 LOT C REC EXEMPT RE -2773 EXC UPRR RES (1.82R) SITUS: 20864 12 CR WELD 0 Land Type Commercial Ag ricu ltu ra l Ag ricu ltu ra l Ag ricu ltu ra l Land Subtotal: Abst Code 4180 4107 4107 4107 Bldg# Property Type 1 2 3 4 5 6 Residential Residential Commercial Out Building Commercial Commercial Improvements Subtotal: Total Property Value Land Valuation Summary Unit of Number of Measure Units Acres 3 Acres 52.99 Acres 18.5 Acres 72.5 Actual Value Assessed Value 146.99 $47,547 $13,790 Buildings Valuation Summary Actual Value Assessed Value $151,144 $30,440 $198,691 $44,230 Building Details Account#: R8886200 Parcel#: 147309000008 Owners Name & Address: Property Address: GUTKNECHT BRADLEY I & Street: 20864 12 CR http://maps2.mel-lick.com/Website/W eld/setSgl.asp?emd=QUERY&DET=PP&pin=14730... 12/4/2008 Identify Results Page 2 of 4 11105 W CENTER AV City: WELD LAKEWOOD, CO 80226 Building# Property Type Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1935 Exterior: Frame Masonry Veneer HVAC: Forced Mr Interior Finish: Drywall Built As SQ Ft: 810 # of Baths: 1 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Basement: Total SQ Ft: 810 Detached SQ Ft: 0 Finished SQ Ft: 0 Account#: R8886200 Parcel#: 147309000008 Owners Name & Address: GUTKNECHT BRADLEY ) & 11105 W CENTER AV LAKEWOOD, CO 80226 Buildinq# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Ranch 1 Story Frame Hardboard Drywall 0 0 1 0 0 Property Address: Street: 20864 12 CR City: WELD Property Type Residential Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1943 Forced Air 1280 Gable Composition Shingle Units: 0 Detached SQ Ft: 0 1280 Finished SQ Ft: 0 Account#: R8886200 Parcel#: 147309000008 Owners Name & Address: GUTKNECHT BRADLEY )& 11105 W CENTER AV LAKEWOOD, CO 80226 Building# 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: Property Address: Street: 20864 12 CR City: WELD Property Type Commercial Individual Built As Detail Light Commercial Utility 0 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1935 None 1280 http://maps2.merrick.com/W ebsite/W eld/setSgl.asp? cmd=QUERY&DET=PP&pin=14730... 12/4/2008 Identify Results Page 3 of 4 # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: 1 0 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R8886200 _ Parcel#: 147309000008 Owners Name & Address: GUTKNECHT BRADLEY J & 11105 W CENTER AV LAKEWOOD, CO 80226 Building# 4 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 20864 12 CR City: WELD Property Type Out Building Individual Built As Detail Quonset Year Built: HVAC: 0 0 0 0 Built As SQ Ft: Roof Type: Roof Cover: 1960 None 2000 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R8886200 Parcel#: 147309000008 Owners Name & Address: GUTKNECHT BRADLEY ] & 11105 W CENTER AV LAKEWOOD, CO 80226 Building# 5 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 20864 12 CR City: WELD Property Type Commercial Individual Built As Detail Shed - Cattle Year Built: HVAC: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: 1965 None 800 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R8886200 Parcel#: 147309000008 Owners Name & Address: Property Address: http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1473 0... 12/4/2008 Identify Results Page 4 of 4 GUTKNECHT BRADLEY J & 11105 W CENTER AV LAKEWOOD, CO 80226 Building# 6 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Street: 20864 12 CR City: WELD Property Type Commercial Individual Built As Detail Nursery/Greenhouse 0 0 1 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1987 None 6900 Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.menick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14730... 12/4/2008 Identify Results Page 1 of 1 Account#: M6342386 Owners Name & Address: SA BELL WALLACE H C/O HUDSON NURSERY 20864 CR 12 HUDSON, CO 80642 Business/Complex: _ Mobile Home Valuation Property Address: Street: 20864 12 CR City: WELD Legal Description Parcel#: 147309000008 10710 IMPS ONLY MH NE4 9 1 65 MOBILE/MODULAR TITLE: UNKNOWN SERIAL: 233 YEAR: 1972 MAKE: LONGMONT SITUS: 20864 12 CR WELD 80642 Tax Area: Acres: Sq. Ft.: Land Value Impr. Value Total Value $0 $6,522 $6,522 Township Range Section Quart. Sec. 01-65-09-0 Sale Price $0 Sale Date Land Assessed Value Impr. Assessed Value Total Assessed Value $0 $520 $520 Bordering County: Subdivison Name Block# Lot# Deed Type Reception # http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=accdet&acct=M6342386&type=M 12/4/2008 Identify Results Page 1 of 1 Account#: M5908886 Owners Name & Address: GUTKNECHT BRAD 11105 W CENTER AVE LAKEWOOD, CO 80226 Business/Complex: Mobile Home Valuation Property Address: Street: 20864 12 CR HUDSON City: HUDSON Legal Description Parcel#: 147309000008 10710 IMPS ONLY MH NE4 9 1 65 MOBILE/MODULAR TITLE: 03M429838 SERIAL: 65121625 YEAR: 1972 MAKE: WIN SITUS: 20864 12 CR HUDSON 80642 Tax Area: Acres: Sq. Ft.: Land Value Impr. Value Total Value $0 $7,449 $7,449 Township Range Section Quart. Sec. 01-65-09-0 Sale Price $0 Sale Date Land Assessed Value Impr. Assessed Value Total Assessed Value $0 $590 $590 Bordering County: Subdivison Name Block# Lot# Deed Type Reception # http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=acedet&acct=M5908886&type=M 12/4/2008 4(ft WIWDC. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10`" Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT y Staft'Name. ❑ Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name (If known). ❑ WELD COUNTY SHERIFF'S OFFICE; ANIMAL CONTROL Phone Number (If known) ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Date Complaint was received: k a -t _` )C Pending Case # (i.e.`US'R, RE, SE, ect...)1: �! �t r p Legal Description: � G OC'KF'9.-11'�� IJELI cC c'tq'T )RJJ p arcel #: t41?^�—n'lt' W t� Violation Address 5ls) et-la Property Owners Name: Gbj+ fEPht, Deity% ..� 4 (2C*Th/1 Phone: Property Owners Address: I ( t 06 it) CPR -Pea" A', ( Lt_:' l LC) Stb0a LP Tenants Name: Phone: Tenant's Address: NATURE OF COMPLAINT: —1-44— e nn 4 -in Xt t� Additional Notes: 009 When recorded, return to: Alan R. Jande, Esq. 950 South Cherry Street, #1000 Denver, Colorado 80222 SPECIAJ. WARRANTY DEED For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BANK ONE, COLORADO, NA, a national banking association (f/k/a Bank One, Denver, N.A., f/k/a Affiliated National Bank -Colorado, successor -in -interest to Affiliated National Bank -University Hills) ("Grantor") hereby grants, sells and conveys to Bradley J. Gutknecht and Robin A. Gutknecht ("Grantee"), whose address is 11105 W. Center Avenue, Lakewood, Colorado 80226, that real property located in Weld County, Colorado and legally described on Exhibit "A" attached hereto and incorporated herein by this reference, together with all interests, privileges and easements appurtenant thereto and any and all improvements located thereon (the "Property"). The Property has a street address of 20864 Weld County Road, Hudson, Colorado. Notwithstanding any warranty which may otherwise be implied from the use of any word, phrase or clause herein, Grantor warrants title to the Property, subject to the matters referred to above, only against all persons claiming to hold title by, through, or under Grantor, but not through the actions of any others, except for current taxes and assessments and any liens arising therefrom, all reservations in patents, minerals and mineral rights, deed restrictions, all easements, rights of way, covenants, conditions, restrictions, encroachments, liens, encumbrances, obligations and liabilities as may appear of record, if any, building and zoning regulations, and all other matters that could be determined by a visual inspection or a complete and accurate survey of the Property. DATED as of this 17th day of November, 1997. By ONE, COLORADO, NA, a national ing asociatiioo/n/1/1U/ 4// Daniel S. Bracken, Vice President DI\CLIENTS\B-63 W\UMW DMI.AMR(dmd) November12, 1997 2580009 B-1635 P-1113 11/19/1997 03:05P PG 1 OF 3 REC DOC Weld County CO JA Suki Tsukemoto Clerk & Recorder 16.00 42.50 STATE OF COLORADO ) ss. COUNTY OF i.�, The foregoing document was acknowledged before me this '_ day of November, 1997, by Daniel S. Bracken, as Vice President of and on behalf of Bank One, Colorado, NA, a national banking association. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: Notary Public 2580009 B-1635 P-1113 11/19/1997 03:05P PG 2 OP 3 D•\CUENTS&6l0D1004 WDW I.AMK(dmd) Novcmtcr 12, 1997 Frinar a IapL ctaintinn The Northeast 1/4 of Section 9, Township 1 North, Range 65 West of the 6th P.N., EXCEPT right of way conveyed by Deed recored December 11, 1914 at Book 406 at Page 282, County of Weld, State of Colorado. 2580009 B-1635 P-1113 11/19/1997 03:05P PG 3 OP 3 Dlo When recorded, return to: Alan R. Jande, Esq. 950 South Sherry Street, #1000 Denver, Colorado 80222 QUICLAIIILDEED For Ten Dollars and further good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Bank One, Colorado, N.A., a national banking association ("Grantor") hereby quitclaims to Bradley J. Gutknecht and Robin A. Gutknecht ("Grantee") whose address is 11105 West Center Avenue, Lakewood, Colorado 80226, all right, title, and interest, if any, of Grantor in and to any minerals and mineral rights, including, without limitation, a 6.158200 percent interest in the Moritz Anshutz 1-A gas well, underlying or pertaining to that certain real property located in Weld County, Colorado, more particularly described in Exhibit A attached hereto. DATED as of the 17th day of November, 1997. BANK ONE, COLORADO, NA, a tto banking association Daniel S. Bracken, Vice President STATE OF EAL-ARADO ) ) ss. COUNTY OF O -1 -1/1 -'")an ) The foregoing document was acknowledged before me this 1=4"day of November, 1997, by Daniel S. Bracken, as Vice President of and on behalf of Bank One, Colorado, NA, a national banking association. Witness my hand and official seal. Notary Public My Commission Expires:C . ; D.\CLIENTBfi300\0WQD001 AMK(dmd) November I, IqT 2580010 8-1635 P-1114 11/19/1997 03:06P PG 1 OF 2 REC D0C Weld County CO dA Suki Tsukasoto Clerk & Recorder 11.0O EXHIBIT A J fl t Dertription The Northeast 1/i of Section -9-.- Township -t North, Range - 6f West of- the- 6tir P -.H-., EXCEPT right of way conveyed by Deed recored December 11. 1914 at Book 406 at Page 282. County of Weld, State of Colorado. 2580010 B-1635 P-1114 11/19/1997 03:06P PG 2 OF 2 ••••••••••' .......... •••••••••• •••••••••• •••••••••• ••••••••, • ••••••••• sall•••••••• •fl. e M Sharon Kahl From: Sent: To: Subject: Bethany Salzman Thursday, April 16, 2009 2:56 PM Sharon Kahl FW: RE -SCHEDULE HEARING DATE Original Message From: brad gutknecht[mailto:bradgutknecht@comcast.net] Sent: Monday, April 13, 2009 9:52 AM To: Bethany Salzman Subject: RE -SCHEDULE HEARING DATE APRIL 13, 2009 Dear Bethany, I would like to re -schedule my zoning compliance hearing to May 12th, 2009. I have my new trees arriving tomorrow at the Nursery. Because they come bare root in a refrigerated truck, they need immediate attention. They are shipped with other orders so I couldn't set there schedule. I'm also in the last week of digging in the field before my trees leaf out. I met with Joe Racine and Jerry at Hudson. Did you get your response from Joe about our plans on use by special review? Kim Ogle was going to contact Joe after I met with him. I met with Jerry at the Nursery. Thank you for your consideration. I appreciate it. I will wait for your response. Sincerely, Brad Gutknecht 303-475-4399 1 EXHIBIT 'rill!2v4- Hello