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HomeMy WebLinkAbout20082399.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on September 9, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Sharon Kahl County Attorney, Stephanie Arries Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative, Ann Siron The following business was transacted: I hereby certify that a public hearing was conducted to consider whether to authorize the County Attorney to proceed with legal action against the individuals named for violations of the Weld County Zoning Ordinance. Cases were heard as follows: ZCV#0800132-ALE PARTNERSHIP/LAND:Bethany Salzman, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.B, 23-3-40.B.3, 23-3-40.N, 23-3-40.F and 23-7-30 of the Weld County Code. To bring the property into compliance, a Use by Special Review application must be submitted for the extended use of this site. Ms. Salzman stated Lloyd Land brought his first airplane to the site in 1969, and the first airplane hanger was constructed in 1993 as an agricultural exempt structure, thus, he did not obtain a building permit. The additional attached hanger and office remodel was constructed in 2003, and the building permit was finalized in 2004. The Federal Aviation Administration website has Mr. Land's airport permitted as one (1) airstrip and two (2) airplanes. Staff received a citizen complaint on June 3, 2008, regarding the installation of an east to west runway. On June 23, 2008, during an inspection with Mr. Land present, Ms. Salzman stated she noted two(2)improved airstrips, seven(7)airplanes, and five(5) employees. With all the improvements that have been made since 1972, which is the date used to establish a nonconforming use, a Use by Special Review permit is now required. Lloyd Land, property owner, and Vern Burke, representative, were present and Mr. Burke stated the property has been owned by Mr. Land since 1963. It has been used as a farming operation and part of this property has been used as a private airport. The grass field to the north has been used occasionally as a cross wind landing area. Mr. Burke stated the current activity on the property has remained the same since the 1960's. The hard surface runway that was added this summer was done as a maintenance issue due to ground hogs chewing up an irrigation system that was used to keep vegetation on the landing area. This was a maintenance issue for an existing runway, 2008-2399 PL0824 ?f; C /6' /0/03/Oa-- rather than a new runway. Responding to Commissioner Jerke, Mr. Burke stated the old runway is still in use, and all the runways are being use as needed in case of cross winds. That whole area could be used as needed, depending on which way the wind is coming from. Mr. Land submitted a packet, marked Exhibit A, in which they feel the nonconforming use was in place at the time the zoning code passed, and this should be allowed to continue. The operations on this property have remained the same and have not generated any concerns or problems up until now. Mr. Land pointed out a letter dated March 25, 2003, from Sheri Lockman, who was with the Department of Planning Services, after he had filed for a permit to add runway lights, stating staff concurs that the airstrip did exist prior to the adoption of the Weld County Zoning Ordinance on August 31, 1972, and, therefore, is a nonconforming use. In February, 2004, Mr. Land did obtain building permits, and he thought he was in good standing. He then received a letter dated March 2, 2004, stating that he did not need an excavation permit, only an electrical permit for the installation of the lights. Mr. Land stated on all the improvements he had worked under the County's supervision. Mr. Burke stated this packet was presented to demonstrate that all the improvements that were made on this property in the last few years, the County was aware of,and everything that needed to be permitted or reviewed,was dealt with at that time. He has been in compliance since October, 2007, at which time one(1)of the neighbors turned in a compliant about the lights on the hanger being too bright. Mr. Land is going to plant some trees on that side to shield the bright lights from the neighbor's view. The lights are needed for security; however, Mr. Land has tried to do whatever is possible and reasonable to limit the impact to the neighbors. Mr. Burke stated Mr. Land has downsized the area by adding the hard surface runway, rather then using the other runways. Responding to Commissioner Rademacher, Mr. Land stated there is no commercial business on this site, all he does is farm. The airplanes are used for his farming business. Pamela Simpson, surrounding property owner, stated she called the Department of Planning Services when she noticed another runway being constructed and she was concerned if this was going to be a commercial airport. She just wanted to insure that all improvements were in compliance and that the neighborhood was safe. She is concerned about the light pollution, and Ale Partnership spoke with her and the problem was rectified. Ms. Salzman stated back in 2003, when Mr. Land completed the nonconforming use application questionnaire, he indicated he had three(3)employees, and signed an agreement that the nonconforming use would not be enlarged, increased or extended; that it would not be moved in any part or portion. Responding to Commissioner Garcia, Ms. Salzman stated the airplane that was going to be converted into a crop duster will no longer occur. Responding to Commissioner Jerke, Stephanie Arries, Assistant County Attorney, stated there are no hard lines in determining what is considered enough of a difference in the nonconforming use to justify a Use by Special Review being required. Apparently the additional airstrip was added as a safety issue and not as a matter of increase, and then later it was stated the placement of the new runway was going to offset the use or the need of the other runways. The additional planes were not addressed, and the level of activity and use are in question. Chair Jerke pointed out that the surrounding land use is largely industrial and this is a small forty-year historic airstrip. Commissioner Masden stated this is still a nonconforming use, although expanding to maintain the agricultural heritage. He cannot justify this being a violation or going to a Use by Special Review. All the building permits have been applied for and is agricultural exempt and all other permits were met. Commissioner Rademacher stated there has been an expansion; however, the use has not changed, and to now require a USR after the fact is not something he will support. Commissioner Garcia stated the code was created to say that whether you have an airport or an airstrip, a Use by Special Review application is required. The nonconforming use was in place before this code was in effect; however, there has been an increase of buildings, improvements, and vehicles, so for that reason, the improvements made Hearing Certification, Zoning Violations September 9, 2008 2008-2399 Page 2 PL0824 against the nonconforming use would require the Use by Special Review. Staff cannot make the decision on when this should be a issue for a Use by Special Review, that decision must be made by the elected officials, that is why the issues were not addressed throughout the permit process, and at this point this should be considered through a USR process. Commissioner Long stated the use has been private and there has been no change in the nature of the operation to industrial or retail to impact the neighbors in any way, and also feels this is still a nonconforming use. Commissioner Rademacher did point out to Mr. Land that it may be in his best interest to obtain a Use by Special Review to avoid a future problem with growth and surrounding neighbors. Commissioner Masden moved to dismiss ZCV#0800132 against Ale Partnership do Lloyd Land. The motion was seconded by Commissioner Rademacher and upon a roll call vote, the motion carried four to one in favor of dismissing this case. ZCV #0800071 - URENO/URENO: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-30.M, 23-3-50 and 23-3-50.D of the Weld County Code. To bring the property into compliance,the noncommercial junkyard must be restored, removed or screened from all adjacent properties and public rights-of-way, the animal units must be reduced to the four per acre allowed, and a Zoning Permit for a Commercial Vehicle must be submitted. Ms. Salzman stated this is a reoccurring violation, the first hearing was held on June, 2005, for the same type of issues. Ms. Salzman stated she spoke with Rodrigo Ureno Sr. on September 5, 2008, and he indicated they will be moving, and the commercial vehicle will be leaving the site. Staff is requesting thirty (30) days to allow the property owner to move. Responding to Commissioner Masden, Ms. Salzman stated the animals have been removed. Rodrigo Ureno Sr. stated he is trying to sell the property and is planning to move, all the animals have been removed. Commissioner Rademacher moved to refer ZCV#0800071 against Rodrigo Ureno and Rodrigo Ureno Sr. and Rolando Ureno Banuelos to the County Attorney for legal action,with the instruction to delay action upon such referral until October 9, 2008, to allow adequate time for the property owner to sell the property and move from the site. The motion was seconded by Commissioner Masden, and it carried unanimously. ZCV#0800150 -CABELLO: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard must be restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman stated she inspected the site on September 5, 2008, and fencing has been started along the southeast side of the property. They are using pressed wood that will need to be painted to protect it from the elements. Ms. Salzman stated this is a reoccurring violation, first heard back in April, 2006, for the same issues and a mobile home. Staff is requesting this case be referred to the County Attorney's Office for immediate legal action. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer ZCV#0800150 against Jacinto and Norma Cabello to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. Hearing Certification, Zoning Violations September 9, 2008 2008-2399 Page 3 PL0824 ZCV#0800155-MARSHALL: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-30.M, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, the noncommercial junkyard must be restored, removed or screened from all adjacent properties and public rights-of-way,all trash must be removed,and any commercial vehicles must be appropriately permitted or removed. Ms. Salzman stated the property owner did contact her, and stated he purchased this property in April, 2006, and has made substantial progress. Staff is requesting an additonal sixty (60) days to allow the property owner to complete this project. Michael Marshall, property owner, stated he has been working on this clean up; the previous owner had been accumulating junk and vehicle since 1976. Mr. Marshall stated he should be able to complete this clean-up in two (2) months, and he will be landscaping the yard. Responding to Commissioner Garcia, Mr. Marshall stated he does have some landscaping vehicles on the site. Ms. Salzman stated this will be an additional issue, he is allowed to apply for one (1)commercial vehicle on the site, otherwise a Use by Special Review application must be submitted. Mr. Marshall stated he will deal with the commercial vehicles at a later date. Commissioner Long moved to refer ZCV #0800155 against Michael Marshall to the County Attorney for legal action, with the instruction to delay action upon such referral until November 9, 2008,to allow adequate time for the property owner to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, and to decide if a Use by Special Review application will be submitted for the commercial vehicles. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV #0800104 - MILLER TAYLOR FARM, LLC/RELIABLE FIELD SERVICES, INC./MILLER FAMILY INVESTMENTS, LLC/MILLER OILFIELD SERVICES, LLC : Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 20-3-20,23-3-20.A,23-3-30,23-3-30.F,23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, all commercial activities, operations and storage must be removed, and a Recorded Exemption application must be submitted to separate the main house and the mobile home as Principle Dwelling Units. Ms. Salzman stated there are six(6)different business on this site, two(2)of which have recently been removed. There are two(2)stick built homes, one is a dwelling and the other has been converted into a office. Also, there is a modular home that was placed on the site in 1995 as an Accessary to the Farm; however, this has never been renewed as annually required. The property owners are working on submitting a Recorded Exemption to correct this part of the violations. Ms.Salzman stated she contacted Gloria Hice-Idler with the Colorado Department of Transportation, and submitted the email into evidence, marked Exhibit A, stating that this site does not have an approved access onto Highway 66, and traffic has been backed up along Highway 66 due to commercial traffic coming and going from this property. There are immediate traffic and safely concerns along Highway 66 and the unapproved CDOT access, along with building code violations with the office on electrical concerns, staff is requesting this case be referred to the County Attorney's Office, but delay legal action for sixty (60) days to allow adequate time for the property owners to submit the Recorded Exemption application and to remove all commercial activities and storage from the site. Becky Weinkauf, agent for Miller-Taylor Farm, LLC, stated she now lives in Dallas. She comes to Colorado several times a year and has been trying to deal with the mobile home when she is here. This was her mother's property,who has now passed away. Sheri Lockman, representative, stated they have to get the well permitted, and the building permits are ready; however, they cannot be Hearing Certification, Zoning Violations September 9, 2008 2008-2399 Page 4 PL0824 submitted until all the violations are brought into compliance. Ms. Weinkauf stated the house was being converted into an office and all work was stopped due to these zoning violations. She cannot have the work completed until the property is in compliance. Ms. Lockman stated the businesses are looking, or have found other locations to move to. Brady Miller, agent for Miller Oilfield Services, stated they have a new location and will be moving within two (2) weeks. They have applied for a Use by Special Review and are waiting for the outcome of that. Cody Armsworth, representative, stated they in the process of a Use by Special Review which they submitted this morning. Hannah Miller, representative for Reliable Field Services, Inc., stated they have moved from this site. Ms. Weinkauf stated they would like to get the building permits to reconstruct the back of the office to get the open area out of the elements. There is a safety hazard with the electrical boxes and exposed wires. Responding to Chair Jerke, Ms. Lockman stated there is not going to be a USR on this site, all of the business operations will be leaving. The issue is with the building permit, staff will not issue a permit until the property is in compliance. Responding to Commissioner Rademacher, Ms. Salzman stated there is an immediate safety concern with the office, so staff recommends that all the commercial businesses relocate to the new site, due to the new location having less of a traffic impact. Chair Jerke pointed out there is no assurance that the new location will have the USR approved, and the property owners and representatives indicated they understood. Commissioner Rademacher stated to make the businesses move to a site that has not been approved does not make good sense, and this case can be continued until the USR's are approved or denied. Commissioner Masden moved to continue ZCV #0800104 against Miller-Taylor Farm, LLC, Reliable Field Services, Inc., Miller Family Investments, LLC,and Miller Oilfield Services, LLC, until March 10,2009,to allow adequate time for the businesses to submit and have approved or denied, the Use by Special Review applications, and for staff to check on the progress every two (2) months to insure progress is being made, and to issue a building permit to correct the safety hazard for the office/house at 10614 Hwy 66, Platteville Colorado. The motion was seconded by Commissioner Rademacher, and it carried unanimously. VI #0600033 - RUPP: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.M, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Zoning Permit for a Commercial Vehicle must be submitted,and all other commercial vehicles must be removed. Ms. Salzman stated an inspection was conducted on September 5, 2008, and more derelict vehicles have been added to the site. Kevin Rupp, property owner, stated the majority of the properties in that subdivision have trucks and commercial businesses. There is not a Homeowner's Association for this subdivision, and the only problem is that someone new moved into the area and turned in a complaint. Mr. Rupp stated before he purchased this property, he contacted Weld County and told them he had four(4) trucks he could not park in Arvada, so was he okay to park in this area. He was told he could park them here as long as no one complained. Chair Jerke stated he received bad information when he called in. Responding to Chair Jerke, Mr. Rupp stated he cannot not remember who he talked to, it was back in September, 2005, before he bought the property. Mr. Rupp stated the trucks are over-the-road most of the time and they are staggered in and out. There are no repairs, maintenance, or storage on-site. Donna Landin, neighbor, stated Mr. Rupp is a good neighbor, and the parked trucks provide shade for her animals. He keeps his trucks clean, and during the winter the trucks open the roads during snow storms so the residents can get in and out of the subdivision. She feels that if you own your property, you should be able to do Hearing Certification, Zoning Violations September 9, 2008 2008-2399 Page 5 PL0824 what you want as long as the property is kept up. Mr. Rupp stated he does keep the roads maintained in that area due to the County not coming but once a month, and there is only one person that keeps complaining that is causing this problem. Commissioner Masden moved to refer VI#0600033 against Annette and Kevin Rupp to the County Attorney for legal action, with the instruction to delay action upon such referral until December 9, 2008, to allow adequate time for the property owner to submit a permit for the one commercial vehicle that is allowed, and to remove all other commercial vehicles. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV#0800207- KOBEL: Ann Siron, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.H of the Weld County Code. To bring the property into compliance, the number of dogs must be reduced to the four (4) allowed, or a Use by Special Review application must be submitted. Robert and Vicki Kobel, property owners, stated they were turned in by a neighbor whose daughter and boyfriend rented the additional home on the property. Mr. Kobel stated they had asked them to leave, and that is when they started turning the Kobel's in for a number of things. Mr. Kobel stated he has seven (7) dogs, most of them are old, and the younger ones are the offsprings. They have lived at this property for fifteen (15) years and never had a complaint. He was not aware of the County Code of limiting the dogs to four(4). The dogs are pets and he does not breed or house other dogs. The coon dogs are used for hunting, which is a hobby. Ms. Kobel stated the dogs hunt, which is Mr. Kobel's hobby, and the dogs are well taken care of. Commissioner Rademacher pointed out to the property owners that if this case is dismissed, as the dogs pass away, they should not replace them, and must keep the number to the amount allowed. Mr. Kobel stated he understands and is not in the dog breeding business. Ms. Siron stated the property owners would need to submit an application for a nonconforming use, or a Recorded Exemption for the second home on the site. Commissioner Garcia moved to dismiss in part ZCV#0800207 against Robert and Vicki Kobel for the number of dogs allowed,and to refer to the County Attorney for legal action,with the instruction to delay action upon such referral until November 9, 2008, for the nonconforming use application to be submitted. The motion was seconded by Commissioner Masden, and it carried unanimously. (Clerk's note: Item #11, BCV#08000101, Mead Properties, LLC, was heard next.) BCV #0800101 - MEAD PROPERTIES, LLC/DOKE: Peggy Gregory, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of Sections 29-4-10 and 29-8-40 of the Weld County Code. To bring the property into compliance, a Building Permit application must be submitted, all fees paid, and all the inspections completed. Ms. Gregory stated Gibson Heating applied for the permit to replace a furnace. Mr. Doke was the person who contacted them and paid for the furnace replacement. Mr. Doke stated to Gibson Heating that he would not allow any inspections to be completed. Staff is concerned with safety issues and problems dealing with Mr. Doke in the past. Fred Otis, representative for Mead Properties, LLC, stated the tenant applied for the furnace, Mead Properties had no knowledge of the replacement, and Mr. Doke has a history of problems with Weld County. Mr. Otis wanted to stress that they have no control over Mr. Doke and are not responsible for his actions. The Sheriff's Office has gone to this site and has used teargas, and Mr. Doke has been in jail. The Hearing Certification, Zoning Violations September 9, 2008 2008-2399 Page 6 PL0824 property was foreclosed and then leased back to Mr. Doke under an agreement to purchase. Mr. Otis stated under the circumstances, this case should be dismissed for the safety of anyone from Weld County that is sent to this site to try and deal with these issues. Responding to Commissioner Rademacher, Ms. Arries stated the County Attorney's Office will write a letter to Mr. Doke expressing the importance of the inspections and the benefits to him and to Mead Properties, and if he still refuses,just let this case go; however, this letter should be recorded so if a third party is trying to buy this property, they would be aware that the furnace has never been inspected. Commissioner Masden moved to continue BCV #0800101 against Mead Properties, LLC, until January 13, 2009, to allow adequate time for the property owner to work with the tenant on allowing staff to conduct an inspection, or for the County Attorney's Office to send a letter to James Doke regarding the importance of the inspections, then record said letter if denied access to the site. The motion was seconded by Commissioner Jerke, and it carried unanimously. (Clerk's note: Chair Jerke issued a recess until 2:30 p.m.) ZCV#0800111 -EHRENFEUCHT: Upon reconvening, Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.H of the Weld County Code. To bring the property into compliance, a Use by Special Review application must be submitted, or the number of dogs must be reduced to four(4). Ms. Siron met with Rich Hughes, tenant, and he is willing to work with staff and will be submitting a Use by Special Review application. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer ZCV #0800111 against Eva Ehrenfeucht to the County Attorney for legal action, with the instruction to delay action upon such referral until November 9, 2008, to allow adequate time for the tenant to submit a Use by Special Review application. The motion was seconded by Commissioner Masden, and it carried unanimously. ZCV#0800147-TRAMMELL: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special Review application must be submitted, or the business and all derelict vehicles must be removed. Ms. Siron stated the telephone has been disconnected and staff has been unable to contact the property owner. Ms. Siron is requesting this case be referred to the County Attorney's Office for immediate legal action, due to no contact from the property owner. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer ZCV #0800147 against Gregory Trammell to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. BCV#0800091 -DEJOHN: Peggy Gregory, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code. To bring the property into compliance, a Building Permit application must be submitted, all fees paid, and all the inspections completed. Staff requested Hearing Certification, Zoning Violations September 9, 2008 2008-2399 Page 7 PL0824 this case be continued until October 14, 2008, to notify the property owner of the violation hearing date. This case was not heard before the Board, and no motion was made. (Clerk's note:Although no formal motion was made by the Board, a resolution was completed and signed to reflect the intent to continue this case.) BCV #0800105 - GRAUBERGER: Ms. Gregory presented the case report for the record and pursuant to the case file, this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code. To bring the property into compliance, a Building Permit application must be submitted, all fees paid, and all the inspections completed. Ms. Gregory stated she spoke with the tenant on September 8, 2008, and he has moved from the site. Staff has been unable to contact the owner, and an inspection is needed to see if the gas has been disconnected. Staff is requesting an additional thirty (30) days to complete this. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Masden moved to refer BCV#0800105 against Robert and Sharon Grauberger to the County Attorney for legal action, with the instruction to delay action upon such referral until October 9, 2008, to allow adequate time for staff to conduct an inspection. The motion was seconded by Commissioner Garcia, and it carried unanimously. BCV#0800107- BINDER: Ms. Gregory presented the case report for the record and pursuant to the case file, this property is in violation of Section 29-4-10 of the Weld County Code. To bring the property into compliance, a Mechanical Permit application must be submitted, all fees paid, and all the inspections completed. Staff requested this case be continued until October 14, 2008, to notify the property owner of the violation hearing date. This case was not heard before the Board, and no motion was made. (Clerk's note: Although no formal motion was made by the Board, a resolution was completed and signed to reflect the intent to continue this case.) Hearing Certification, Zoning Violations September 9, 2008 2008-2399 Page 8 PL0824 This Certification was approved on the 15th day of September, 2008. APPROVED: ATTEST: � 'LaOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO We unty Clerk to the Boards -41' 7)-\< Z a°p lia H. Jerkee Chair BY: gLAPP--- De ty Cle o the Board y Robert D. M , Pro-Tem • CD #2008-09 �l F. Gar is David . Lon ougl s Radem cher Hearing Certification, Zoning Violations September 9, 2008 2008-2399 Page 9 PL0824 44 CO z nt o z rn To @ es 22 Pi Ca / \ c 0 / o g o co S f - u \ IX \ / 72 w \ @ \. ± TA « [\ j 2 x al co 0 2 \> 2 z / cu § % 2 $ p t k \ C G / e § cc o c ) O ~ ? < c. \ � ) CO W o d \ a 4 , � Hello