HomeMy WebLinkAbout20071855.tiff 08/11/08 16:40 FAX glr0110/11
Weld Courtly Planning Department
CREELEY OFFICE
September 1,2006 • $EP 0 6 2006
Bethany Salzman•
WeldCotraty RECEIVED
918 10°'Street ' ' '
Greeley, CO 80631
Dear Bethany:
My name is Carey Bond and I and my family live at 20294 WCR#1 just outside
Berthoud Colorado. I have lived at this address for the past 12 Vs years. This letter deals
with a problem we are experiencing with the Berthoud Gun Club which is situated just
north of us on the same side of Weld County Road#1.
My family and I have seen so much more activity over the past 5-6 years that we are
somewhat concerned for our safety.During this time the Berthoud Gun club has put in 2
more shooting galleries. They arc down by the River(Little Thompson)right across from
our place about 350'-400' away. High powered rifles,large shotguns,bow and arrow,
and occasionally black powder weapons are used in this lower area which was
supposedly reserved for bow and arrow only. All it takes is one careless moment with a
firearm or bow and arrow and my fbmily could be in serious danger. Our neighbor,Jeff
Riley and myself have found arrows on our property, and my wife and daughter who used
to take walks on a path around our property, no longer consider the river area safe for
pleasure walking.
We have noticed over the last 5-6 years an increasing amount and longer duration of
noise from the Berthoud Gun club. The gun club also has mounted huge lights to be able
to continue.firing into the night. The gun club operation was very seldom used when we
first moved here in February 1994 but has changed dramatically with all the
"improvements"they've put in.
I would say that there was activity up at the gun club only 1 or 2 days a month and
only a few shooters during those times back in the 1990's.Now we see quite often, 20-30
people and sometimes many more shooting up there. There are times when this goes on -
late into the evening or starts very early;even on Sunday mornings and it is quite
disconcerting. _. -
- There is talk of a development going in on the north side of the gun club but I don't
know how that can happen with all the racket that goes on there. We have divided up our
land to sell into 3 extra plots but we feel that the gun club's activities have devalued the
land a lot.I hope you will give consideration to this letter for future planning purposes in
this area of Weld County. I thank you for your time in reading this and hope it was
informative.
Sincerely yours,
Carey Bond
1
EXHIBIT
"' 2007-1855
09/11/06 16:40 FAX la002
Weld County Planning Department
GREELEY OFFICE
Jeff Riley SEP 0 6 2006
321 S. County Line Road
Berthoud, Colorado 80513 RECEIVED
Bethany Salzman
September 3, 2006
Weld County
91810"' Street
Greeley, CO 80631
Dear Bethany,
Thank you for taking my call last week. I appreciate the clarification of the notice
regarding the Berthoud Gun Club and their change of use.
We, I personally, as well as our Home Owners Association have many concerns
about how the Gun Club has changed their activities. When we all purchased the
properties 12-14 years ago, it was not an issue as they didn't shoot after dark
and shooting 1 to 2 times a month with 3-4 shotguns was the norm. The
increased noise nuisance and safety is a huge concern. The hours of use has
increased from approximately 8 hours a month to approximately 40 to 72
hours a month in the past 5 years. This Is documented. Additionally, the
increase in the quantity of shooters is has multiplied greatly based on the rounds
fired, uninterrupted (back to back) length of time shooting. Therefore the safety
and noise is proportionate to this as well.
The new high powered rifle and pistol shooting range is very dangerous to the
neighbors not to mention the additional noise nuisance as these pistols and rifles
are very loud and the range of the bullet much greater in distance.
I talked to Jim White, the Berthoud City Manager, and encouraged him to
participate in this hearing as it will ultimately be the town's problem once homes
are established even closer than mine.This is a great opportunity for the city of
Berthoud and Weld County to work in unison for the good of the community.
Enclosed you will find:
1. The 2 letters that I have sent to Weld County. Dated Sept 28"'2004 and
Oct, 17m 2005.
2. A copy of the letter to the City of Berthoud. Dated Sept 28, 2004
3. Records of shooting times and notes.
4. A copy of a letter from the HOA(Jackson Kelley Law Finn)sent to the
Gun Club challenging the change of use and a private nuisance complaint
5. A copy of their attorneys response Dated March 2, 2005
6. A letter the Berthoud Gun Club sent to the HOA dated June 5, 2005
7. A letter the HOA sent the Berthoud Gun Club dated Aug 25"', 2005
09/11/06 16;41 FAX ¢J 003
1-J �•
You had mentioned on the phone that"some neighbors didn't have a complaint
with the change of use from the Gun Club and that some do.' I have talked to all
but 2 of my neighbors and they have not been contacted. Is there some record of
contact and what form was it accomplished?
Lastly, I am growing concerned for the safety of my family. The Gun Club
members know that we are challenging them. They point rifles at our
home/animals from on top of the hill. One careless adult, unsupervised child or
revengeful teenager is all it will take for a very unfortunate situation to occur.
I am available to discuss these matters with anyone that would like to learn more.
I appredate your consideration in this matter.
Respectf
9
09/11/06 16:41 FAX Ia7004
Records of Gun L.eb Activity.
Gun Club is Shooting 4-5 times a week instead of the 1-2 times a month when we
purchased the property 14 years ego. Safety and Nuisance is in question.
D Below are random-selected weeks of recorded shooting times by Jeff Riley.
D These notes were recorded by hand and transferred to this typed document.
Tknes were recorded based on when we were at our residence.
,Rate Temossordit N�
Sun 10-17-04 10 am till after 4pm
Mon 10-18-04 5:45 fiN 9:20
Tue 10-19-04 5:451119:04
Wed 10-20-04 64 8:25 till 9:30 called to complain LM on machine
Thur 10-21-04 B4 8:05 all 9;02
Fri 10.22.04 no shooting
Sat 10-23-04 we were not home
Sun 10-24-04 9:30 am police range friends of Berthoud poke chief-hunting riles
Mon 10-25-04 B4 825 till 920
Tue 10-28.04 B4 5:45 till after 9:00 went to bed unsure of when they finally stopped
Wed 10-27-04 5:00 to 9:30
Thur 10-28-04 B4 5:45 till? Didn't get back in tiN after 10pm
Fri 10-29.04 not home
Sat 10-30-04 not home
Sun 10-31-04 not home
Mon 11-1-04 B4 8:00 till 8:55
Tue 11-2-04 5:45 till 7 Didn't get beck In till after 10pm
Wed 11-3-04 B4 4:30 till 9:00
Thur 11 404 5:45111? Didn't get back in till alter 10pm
Fri 11-5-04 not home
Sat 11-8-04 not home
Sun 12-26.04 1 pm till after 4pm
Mon 12-27-04 about 2pm all
Tue 12-28-04 3:34 fill about 8:00
Wed 12-29-04 not home
Thur 12-30-04 not home
Fri 12-31-04 3:00 fill 4:30
Sat 1-1-05 9:30 am t1N after 4pn New Years Morning!!!
Sun 1-9-05 2 till 4:30 high powered rifled
Mon 1-10-05 not home
Tue 1-11-05 start unknown tlN 8:00 pm
Wed 1-12-05 not home
Thur 1-13-05 6:40 till b4 9:20
Fri 1-14-05 not home
Sat 1-15.08 not home
Miscellaneous Recordlnds and Notes
1-22-05 NEW Archery Range opens 10 am till dark Find 2 stuck arrows in my field.
2-12-05 Pistols are now being fired on the side of the hill
2-28-05 8 pistols 2pm till about 5PM VERY LOUD,LOTS OF SHOOTING
3-18-04 2pm till 3;30 RAPID FIRE RIFLES
3-26.04 EASTER MORNING.Shooting started at 8:30 am and didn't quit until 3:15 PM
I called and complained es we were trying to have our Easter egg hunt and enjoy
Easter_Vicky,Gun Club representative said It was a business and that's the way it Is.
09/11/06 16:41 FAX F 005
Weld County September 28,2004
Planning and Zoning
Dear Weld County,
I am writing this letter in reference to the increasing use and noise of the Berthoud Gun
Club and the Berthoud Police Shooting Range. I am a Latimer County resident and live
on the road that separates Larimer and Weld.Both shooting ranges are located across the
sweet from me in Weld County.Residential and commercial developments are planned
on both sides of the road in Larimer and Weld Counties.
Berthoud Gun CIqk
I purchased my property 12 years ago.During this time the club self limited their use to
2-3 times a month. This usage was reasonable and acceptable to the neighbors. They now
often shoot 4-7 times a week. In the past 2 years the club has added stadium lights that
allow them to shoot after dark.They begin shooting as early as 7:00 am and shoot up
until 9:00 to 9:30 pm and sometimes beyond. They have added the amount of shooters
that can shoot at one time and back to back which has increased the noise to the point that
is no longer tolerable.
The first complaint is the noise.I purchased a property in the county so that I can enjoy
the peace and quiet. The corner of my property to their property is about 45 yards. There
is simply no way that they can justify the amount of guns they have added and the length
and times in which they chose to shoot.
The second concern is my property value. I have converted what was an old dairy to a
very nice home in the county. I have put hundreds of thousands of dollars into improving
its value and the value of the area of which you benefit.
The third concern is safety.
Although they claim to be safe, I have had shot gun shot land on my home, I have found
arrows sticking out of the ground in my pastures and have watched shooters aim or scope
their high powered rifles at our homes and property across the street.
Their response is that the gun club has been there a long time as have I and my home.
However, it is not the fitct that they are there; it is the fact that they have disregarded the
neighbors in increasing their usage and changed their usage as it relates to the community
to the point that it is no longer acceptable. They have increased their use by at least 400-
600%. There is no way that the county would ignore defiant misuse of local statutes in
any other individual, business or organization. The operation constitutes a private
nuisance issue that can not be ignored.
09/11/06 16:41 FAXg 008
•
Lastly,the addition of the high powered stadium lights is beyond reasonable. The lights
are similar to what you would find at a football stadium.I question the legality of them
not to mention the nuisance of such bright lights in this area.
De thoud Pallet Shootiig,ltauae
Over the past 36 months,we have had an increase in different groups using the Berthoud
Police Shooting Range. These groups have included the Wackenhut Security Agency,the
Johnstown Police and another group that would not tell me who they were.I have
approached these individuals because they selected times to shoot when I am having
events at my home. One of these times was at 7:30 am on a Saturday morning and one
time was during my daughter's graduation party. Again I would like to know my rights as
well as theirs. Does the Berthoud Police or City have the right to allow other
organizations to use it?Is it for revenue?What are the limitations or regulations?
Does Weld County have a long term plan in dealing with this? As the corners of County
Line Road 1 and Road 56 is developed,what will be the counties role in resolving this
cot?
I look forward to your thoughts and ideas.
'ley
1 South County Line Rd
erthoud,Colorado 80513
H 970 532 0553
C 720 939 2013
09/11/06 16:42 FAX _ __ ¢J 007
Dear Weld County, 10.17.05
I am writing this letter in reference to the increasing use and noise of the Berthoud Gun
Club and the Berthoud Police Shooting Range. I am a Larimer County resident and live
on the road that separates Latimer and Weld.Both shooting ranges are located across the
street front me in Weld County.Residential and commercial developments are planned
on both sides of the road in Larimer and Weld Counties.Please read,register and kindly
respond to my complaint
$erthoud Gup Club
I purchased my property 13 years ago. During this time the club self limited their use to
2-3 times a month. This usage was reasonable and acceptable to the neighbors. They now
often shoot 4-7 times a week.In the past 2 years the club has added stadium lights that
allow them to shoot after dark.They begin shooting as early as 7:00 am and shoot up
until 9:00 to 9:30 pm and sometimes beyond. They have added the amount of shooters
that can shoot at one time and back to back which has increased the noise to the point that
is no longer tolerable. Additionally, they have added 2 shooting range for high powered
rifles in the past 12 months.
The first complaint is the noised purchased a property in the country so that I can enjoy
the peace and quiet. The corner of my property to their property is about 45 yards. There
is simply no way that they can justify the amount of guns they have added and the length
and times in which they chose to shoot.
The second concern is my property value. I have converted what was an old dairy to a
very nice home in the country. I have put hundreds of thousands of dollars into improving
its value and the value of the area of which you benefit.
The third concern is safety.
Although they claim to be safe,I have had shot gun shot land on my home, I have found
arrows sticking out of the ground in my pastures and have watched shooters aim or scope
their high powered rifles at our homes and property across the street.
Their response is that the gun club has been there a long time as have I and my home.
However, it is not the fact that they are there; it is the fiict that they have disregarded the
neighbors in increasing their usage and changed their usage ash relates to the community
to the point that it is no longer acceptable They have increased their use by at least 400-
600%. There is no way that the county would ignore defiant misuse of local statutes in
any other individual, business or organization. The operation constitutes a private
nuisance issue that can not be ignored_
09/11/06 16:42 FAX 1111996
Lardy,the addition of the high powered stadium lights is beyond reasonable. The lights
are similar to what you would find at a football stadium. I question the legality of them
not to mention the nuisance of such bright lights in this area.
perthond Pence Shooting Range
Over the past 36 months,we have had an increase in different groups using the Berthoud
Police Shooting Range. These groups have included the Wackenhut Security Agency,the
Johnstown Police and another group that would not tell me who they were. I have
approached these individuals because they selected times to shoot when I am having
events at my home. One of these times was at 7:30 am on a Saturday morning and one
time was during my daughter's graduation party. Again I would like to know my rights as
well as theirs.Does the Berthoud Police or City have the tight to allow other
organizations to use it?Is it for revenue?What ate the limitations or regulations?
Does Weld County have a long term plan in dealing with this?As the corners of County
Line Road 1 and Road 56 is developed,what will be the counties role in resolving this
conflict?
Hook your thoughts and ideas.
32 fl , County Line Rd
cud,Colorado 80513
70 532 0553
C 720 939 2013
09/11/06 18:42 FAX 0o9
Michael Hall
Secretary
Berthoud Gun Club
P.O.Box 34
20498 Weld County Road 1
Berthoud,Colorado 80513 10-25.05
Re: Little Thompson-County Line Homeowners Association
Dear Michael:
We write in response to your correspondence last June. While we appreciate your
repeated statements that the Berthoud Gun Club desires to be a good neighbor,we remain
concerned about a number of actions taken by the Gun Club that are contrary to your
stated intention. Your proposal of a 8-12' berm did not happen, nor did any of the other
ideas to mitigate sound that you shared with the home owners association in writing last
spring.
First, despite our specific request to the contrary, the Gun Club has obviously
made the decision to increase its hours of operation, increasing the volume and length of
time shooting, despite the residential nature of the surrounding area. In addition,the Gun
Club hides behind Weld County regulations in order to justify remaining open until 10:00
p.m. However, we suspect that neither you nor other members of the Gun Club would
tolerate the noise and commotion if the Gun Club were operating close to your home so
late in the evening,weekends and holidays.
Second, you have provided us with a schedule that clearly illustrates the Gun
Club's intention to operate seven days a week This hardly seems like the type of action
that would be taken by a good neighbor.
Third, despite your assurances to the contrary, the Gun Club continues to provide
a place for its members and/or users to shoot high-powered rifles by adding 2 new areas
on the river.
The "change of use" for the gun club is obvious. You have added bathrooms,
stadium lights, and improvements that provide amenities for your clients without regard
to your neighbors. Should you have chosen to live within the reasonable bounds of
shooting 2-4 times a month like you did for many years, our position would certainly be
different.
M0391296.1}
09/11/06 16:42 FAX ¢J 010
•
Your assurances for safety can not be met due to your location nett to homes and
lack of safety management by the Gun Club. The safety for the people in the homes
around you is at risk. I have found 2 arrows standing upright in my fields. However there
is no way for me to prove it was from your members, it certainly stands to reason since
you have added the archery range. Additionally, you have admitted that people have used
the club to shoot high powered rifles without the clubs permission.
Finally,the tone of your letter seems conciliatory,but the substance provides little
comfort to us that the Gun Club cares about the impact of its operation on the
surrounding neighborhood. The Gun Club's operation this past summer underscores this
point. As such,we believe that the Gun Club's operation continues to constitute a private
nuisance. Further, we do not believe that the Gun Club is entitled to hide behind state
and local statutes and ordinances to shield it from responsibility.
Sincerely,
flak-
Little Home owners association
Jeff L.Riley
Mike Nienaber
Sean Flynn
Carey Bond
Alice James
(1103,5296.1)
09/11/06 16:43 FAX IJ011
To:Berthoud Gun Club August 25's, 2005
Form: Jeff Riley
Gentlemen,
Regarding your letter and meeting.
In our meeting on May 23"x, you proposed in writing that you plan to extend an 8-12'
Barn to reduce the noise problem that is ever increasing in time,volume and repetition.
Although you did put in a low Berm,half of what was proposed and short of covering the
full length of the range.From my home there is no Berm between the shooters and my
property. The noise has actually increased since the noise is directed right toward my
property
It is very convenient that you believe your cause is strictly a response to demand and that
you have no choice but to serve the community.However,you also have a responsibility
to your neighbors.
You have been there for many years however you have chose to change your use and
how you impact your neighbors with little regard to our sanctity and property value. We
purchased our property based on the fact that the club shot 2-4 times a month,which it
did for the first 10 years we were here. You have increased hours,time and repetition of
shots with no regard to the home owners around you.
After 3 months since your proposed solutions little has been accomplished to impact my
n like to hear from you as to your intentions to really mitigate sound.
32 553
21 S. County Line Road
erthoud, Colorado 80513
09/11/06 16:43 FAX gl012
P new :•'.a .; u proaca
P. O. Box 34 • 20498 Weld Cty. Road 1 • Berthoud, CO 80513
June 8,2008
The Little Thompson Homeowmerls Association
Attu:Jeff.Mike.Kerry a Seen
Gentlemen,
Thank you for joking us at the Berthoud Gun Cub on May 23,2008.It was vary refreshing to finally put
scare faces to names,end open up what we thought was�your droughts regardinglt frequency a ue.It was
obvi-
ous to Mel,Larry and I that you all were very passionate a
f shoot-
ing,shooting hours,noise,the.22 riffs range,and other areas of concern-I hope you know that it was never
' our intent to alienate our dose relghbors,or anyone else in the community.M you all know,tie Berthoud
an Club hes been in existence for 59 yen and Is aq) part of the community.The Club's emphasis
le.and always will be.to educate the youth of this about the safety end enjoyment of proper
firearm usage-Our goal is to provide firearms training held encourage interest in hunting and tie shooting
sports.Our hope is that with the mutual cooperation of to community and the Club,we can continue to
serve the youth and the community,and pass on this strong American heritage to future generations.
With that in mind,let's address your concerns:
Sneakier tnc Ffaauanov/Nosas
It was taloa to the board of dream at the Club that them was en increased desire In the community
for longer thooting hours.Different organizations,like 4-H,Boy scouts end Colorado Youth Outdoors,mem-
ben and non-members have been addng for more frequent access to the Cub.Our llduciary duty to our
Club and it's members dictates that we run the Club in a sound and financially stable manner.Because of
the Increased demand for availability,our hours have Increased to accommodate this demand.
ve not
rased our fees as most supply and demand paradigms dictate,and we we not trying make more en
at the comnsnily'e expense—airs simply trying to respond to the community's needs.Our start and atop
hours of operation have not changed,but the frequency has.As we stated in the meeting,the`quiet hours"
In Weld county we from 10:00pm until 8:00am,and we have not to ow knowledge,shot during these hours.
tialealatiodionitinfitt
We hope you have gained a greater understanding of our noise mitigation plan from our meeting and
tar of the property.As evidenced by the dirt we have hauled in during the past three weeks,we are making
a genuine effort to contain the noise emanating from the trap and.22 ranges.A more concrete plan ai
follow In the nerd few weeks when dates,finances and availability of heavy equipment
you witnessed on the.22 range,the empty.223 casings was evidence that at lent one shooter broke the
posted rule of•
dies on this rail Violators*Ube orceaasted-NO haand.mn rases urdraoud ndtlaoACricomolelag."
As we stated,we do not know who this violator le.If a member or nom-member is caughtshooting reported
to the board of di eotors,we will fully investigate and/or ban that portal/persona from ever
Club again.We are serious about safety—ft is our primary ooncem,as it is yours.As we discussed at our
meeting,the combination of an additional did berm on the south side of the.22 range to create a`horae- n
09/11/06 16:43 FAX ¢J01S
� u
shoe"deadening effect the bullet trapalead nacyclig system OUnently being designed and implemented,
and the insulated sound booth(modeled after the booths at the Green-nil Shooters Club in Ede)will only
increase the safety of this range,and at the same time.deaden the sound emanating from this range.The
close proximity of even small,.22 caliber firearms and a residential area creates the possibility that someone
may get injured,but we are doing everything in ow power to see that this does not happen.As evidenced
by the dirt that we have already hauled in for berm construction on the west south and north aides of the
property,we are making every effort to implement our sound., anion plan that we shared with you at our
meeting.No one is forcing us to mare these Improv+mahtaiee're doing it because we think it's a good will
gesture to show our neighbors we're serious about being good citizens.We are teaching some of your
par-
ties involved.We have limited resources to Implement everything we want to do,but dB malting our beet
attempt to be good neighbors. Nerilk i,.,.q F- rsclisma..+t 1e=
311
tbu brought up some good points at the end of our meeting about the"Ogle pollution"on our premises.
. After you left,we discussed the pros and cons of having fine weeder Nghts on at night.Agdn,our main
concern is security.As you can Imagine,a gun club is a tempting target for would-be Intruders,and we have
had a number of minor Incidents.Our neighbor to the east,Larry Bebo,has addressed his concerns about
the two halogen shooting lights that poke at his house,but obviously,they we only on while we are
shooting In the evenings,and not all night We currently have an electrician/member researching hoods for
the halogen shooting lights,as well as a hood/screen for the western-most streetlight newest the Little
Thompson Homeowners properties.The biggest problem we foresee with these hoods/screens Is wind,as
we have had to readjust the direction of the halogen shooting lights a number of tires because of the wind.
Noetrowr
At the end of our meeting,you asked for a schedule of league,ATA and future youth organization
shooting times,open hours,and an 18-24 month mitigation plan.The current shooting schedule Is as
follows,but is subject to charge:
s
- 4-H rNb practice every evening.Shotgun 4-H practice(B:so first Monday of each month
Sharp Shooter Club has their actual meeting on premie)
Tlasdays,(ongoing)-Open to the Public,4 30pm-910pm
Wednesdays,(after 4:00 PM when the transfer station doses))afternoon-evening 4-H shotgun practice
for Latimer,Weld and Boulder Counties. In the fall this will be shared with the Colorado Youth
Outdoors program). We expect that because of the Buckeye lisp and Skeet range closing do to the
actual sale of the ground it was on to developers,a request from Colorado Youth Outdoors to use
our range on Mondays and Fridays seasonally during the year. (Venture Scouts-boys&girls,and
Colorado State University student shooting teams may also have a need for our facilities.)
Thursdays,(ongolrg)-Members/Non-Members Ttap League,5:00pm-910pm
June 18-August 11,Summer League
Auguatl8-October 13,Late Stainer League
October 20-December 15,Winter League
Fridays,as needed for 4-H Colorado Youth Outdoors,church and other related non-profit and youth
groups and the general public if demand end time allows.)
Saturdays,Boulder County 4-H has archery, .22 rile, muzzle loader&shotgun practice(shotgun after
4:00 pm when the transfer station closes.)
Sundays,The regular Sundays approved for the public have been the 1st and 3rd Sundays of each
month. Because of other Sunday youth and ATA usage,the Club has been opened to the public
primarily the 3rd Sunday of each month.
Special days, The Club le usually open New Years Day for a fun shoot for members and the public
from 9 till 3.
cZatsG4-scd t.646t?
09/11/06 10:44 FAX ¢J 014
mad!
TharalaagaillIS
Amateur trap Association Registered Shoots,8:00am-4:OOpm
Sunday,June 12
Sunday,July 81
Sunday,August 28 r�
Sunday,September 26 j(\9 f
Sunday,October 23 ..n E �1 @
p� 9'
42/Black Powder Ranee
open to any member and hisAwrfamily/guest.daily,Mbam-deck• L C?"
•
open to soy member end hie/her family/guest,daily,9100am-decnt
tea file schedule is subject to cMume. We fry not to shoot on hokdeys except for scheduling mistakes or
unavoidable circumstances. There wit be no Thursday league trap shoot on Thanksgiving, November 24. -
We hope this is the start of an open dialogue between the Berthoud Gun Club and the Little Thompson
Hameownters Association.The Berthoud Gun Club wants to continue to fully use our facilltes,which was
put Into operation in 1052,within the laws established by the State of Colorado. The Club wants to go -
even turtfwr and try to be good corporate citizens and neighbors with several goals In mind:
1. Mitigate the sound as much as economically feasible within our budget constrains,and
2. Serve the youth of our communities and provide a facility for firearm safety training.
V1b will continue to make every effort to accomplish our plan to mitigate the noise and providing a ocean,
safe and presentable faculty to our neighborhood.Your financial assistance end or plan toward design and
any sound mitigation construction,would help us work towards the common goat of mutual co-existence
for the benefit of all.
Please contact one of the Board of Directors with eormnsrds/conoems:
Mel Green,President-30.3-884-0605
Dale Hotumeleter,Vice Preeldent-970-532-3630
Larry swdmeler,lteasurer-308-776-4480
Niches'Hat,Secretary-870-632-0808
Sincerely,
Michael Hall
Secretary, Berthoud Dun Club
09/11/06 16:44 FAX ¢1015
r S
JACKSONKEUY
left 11TH snort wasalso•ooea CO a070•THIPHONE302.41041003•TBECOPIOt 3033704177
303390.0178
mpmatthews@j aoksonkellvcon
February 17.2005
VIA CERTIF EDMAIL
RETURN RECEHTREOUSTED
Mr,Mork R.Simon
Berthoud Gun Club
P.O-Box 34
Berthoud,Colorado 80513
Re: Berthoud Gun Club/Change in Use
Dear Mr.Simon,
We are legal counsel for the little Thompson-County Line Homeowner's Association
("Association'), The Association is comprised of certain homeowners,all of which are residents
of Berthoud living in close proximity to the Berthoud Gun Club(the"Gun Club").
Approximately two years ago, the Gun Club drastically changed the frequency and
manner of its operation. Specifically, the Gun Club has added lights and created additional
shotgun lanes,and also added areas for rifle and pistol shooting- Formerly.members of the Gun
Club met to shoot shotguns approximately two to four times a month for a few hours. Now,with
the addition of lights and shooting lanes,members of the Gun Club meet to shoot tire,four or
more times a week. Not only do members continue to shoot shotguns,but they also shoot high-
powered rifles and pistols. In addition, the Gun Club has apparently purchased a number of
additional traps, resulting in a significant increase in the number of shotguns being fired at the
same time. Fmther, members of the Gun Club regularly shoot until 9:00 pa, and sometimes
later. Finally, the Gun Club has increased its hours of operation, with members shooting as
many as eight hours per session. Taken together, the Gun Club has created a level of noise
sufficient to constitute a private nuisance.
In Colorado,private nuisance is defined as an unreasonable and substantial interference
with a person's use and enjoyment of his or her property. See Allison it Smith, 695 P.2d 791,
794 (Cob. App. 1984). Not surprisingly, the current use of the Gun Club has created a private
nuisance affecting each of the individuals living nearby, and has caused an unreasonable and
substantial interference with the use and enjoyment of their property. Substantial interference is
measured by a standard that considers whether the conduct complained of would be offensive,
inconvenient, or annoying to a normal person in the community. See Northwest Water
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09/11/06 16:44 FAX 018
•
Mr.Mark R.Simon
• Page 2
February 17,2005 _
Corporation v.Pennerta,479 P.2d 398,400(Colo.App. 1970). Here,the noise emanating from
the Gun Club at all bouts of the day and night qualifies as offensive,inconvenient,or annoying
to normal persons living in the community, specifically those homeowners that comprise the
Association.
We understand that the Gum Club was formed in 1952.and that each of the homeowners
in the Association purchased their property subsequent to its formation. however,the Gun Club
cannot surrntfatly defect against an action for private nuisance by claming that these
individuals assumed the risk of the Gun Club's conduct. See Allison,695 P.2d at 794-795,citing
2 F.Harper 8r F.lames, The Law of Tons ii 128(1956) (it is no defense to an action for private
nuisance that the plaintiff"came to the nuisance by lmowingly acquiring property in the vicinity
of the defendant's premises). Moreover,the private nuisance was created in 2002,when the Cam
Club changed the way it used hs property. Each of the homeowners in the Association
purchased their property before the Gtm Club added lights and additional shooting lanes,
including shooting lanes for high powered rifles and pistols,and increased its hours of operation.
While the Gun Club may have complied with applicable laws, rules, ordinances, zoning
requirements, etc., the Gun Club remains liable for the private nuisance it has created. See
Allison,695 P.2d at 794 (even if a particular use complies with zoning regulations, it may still
constitute a nuisance if there is a substantial interference with a plaintiff's use and enjoyment of
his land).
We believe that the Gun Club is liable to each of the homeowners in the Association for
the private nuisance that it has created. Further,each of the homeowners in the Association has
suffered damages as a result of the private nuisance created by the Gun Club. However,we do
not ask that the Gun Club shut its doors,or that its members be prohibited from enjoying the use
of the facility. Instead, we simply seek a reasonable accommodation on behalf of the
Association, and ask that the Gun Club institute measures to abate the noise emanating from the
property. We believe that this can be done by restricting the Gun Club's hours of operation,
restricting the use of high-powered rifles,and erecting a wall or walls to redirect the sound away
from the our clients'property.
Various members of the Association have previously attempted to discuss this matter
with Mel Green of the Berthoud Gun Club. Each time, Mr. Green has rebuffed their effort to
resolve this matter informally. Nevertheless,we continue to hope that the parties can reach an
amicable resolution of this matter. Toward that end, we look forward to your anticipated
cooperation. Please note that, should we fail to resolve this matter informally, the Association
has authorized us to pursue any and all avenues of legal and equitable relief.
This matter requires your immediate attention.
Very tn i6l tly ,
Michael P.
110317391.2)
09/11/06 16:45 FAX 0017
Mr.Mark R Simon
• Page
February 17,2001 ---•-
cc; Mark R.Simon
4316 West County Road 6
Berthoud,Colorado 80513
Little Thompson-County Line Homeowner's Association
321 South County Line Road 1
Berthoud,Colorado 80513
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March 2,2005 1..T•I.M
Michael P.Matthews.Esq.
JacksonKeily Attorneys at Law,PLLC
109918n Street,Suite 2150
Denver,Colorado 80202
Re: Berthoud Gun Club/Lade Thompson County Line HOA
Dear Mr.Matthews:
1 have been retained by the Berthoud Gun Club to respond to your February 17,2005
• letter written to the Gun Club on behalf of the Association.
As you correctly state in your letter,the Gun Club was formed in the early 1950's,and all
of the homeowners in the Association purchased their property subsequent to the formation of
the Gun Club.
With respect to the complaints by the Association raised in your letter,please see C.R.S.
§25-12-109(b). Because the Gun Club was established before the homeowners acquired their
property.and because there was no noise ordinance's that applied to the Gun Club at the time of
its construction or initial operation,your clients arc barred from bringing suit in law or equity,or
from asserting any other claim for relief;against the Gun Club on the grounds of noise
emanating from the Gun Club property.
At the end of you February 17,2005 letter you indicate that various members of the
Association unsuccessfully attempted to discuss their concerns with Mel Green,a representative
of the Gun Club. The Gun Club does want to be a good neighbor,and if there are members of
your Association that do wish to discuss the operations of the Gun Club with a Gun Club
representative,they may contact Larry Sucozneier at 303/776-4480.
If you wish to discuss this matter further,please do not hesitate to contact me.
very truly yours,
Houtchals,Hotnehens it Greenfield,LLC
frit
•
Kim Robert Hotrtchens
KRH/bes .
cc: Berthoud Gum Club
09/11/06 16:45 FAX 019
Jim White
City of Berthoud
Dear Mr.White, September 28, 2004
I am writing this letter in reference to the changed use,the increased use and increased
noise of the Berthoud Gun Club and the Berthoud Police Shooting Range_
Berthoud Gip Club
My wife and I purchased our property 12 years ago.During the first 10 years or so,the
club self limited their use to 2-4 times a month. This usage was reasonable and acceptable
to the neighbors. They now often shoot 4 or more times a week and on the weekend. In
the past 2 years the club has added lights that gives them the ability to shoot after dart
They shoot up until 9:00 pm and sometimes beyond. They have added the amount of
shooters that can shoot at one time or back to back which has increased the noise to the
point of ridiculousness. Additionally,they have now cut 2 drivable paths on the south
side of the hill,which is even closer to my home and the other neighbors. They have told
me that they will be using this as a shooting range for rifles. This has all happened in the
past 24 months.
It is now a serious problem.
The Pint problem is the nobs/nuisance.We purchased a property in the country so that
we can enjoy the peace and quiet,"reasonable and comfortable enjoyment of ones
property." The corner of my property to their property is about 19 yards and the distance
from the closest shooting position to my home is 179 yards. The noise is very loud when
you are outside. I can not have people to my home for a BBQ or simply sit on the porch
and enjoy the peace of the evening. It is heard in the house as it comes through the walls
and windows. The noise is so loud that you hear it over the television or radio. You can
only imagine someone standing across the street from your home shooting 6-8 rounds
back to back ibr 4-5 hours. It is a huge nuisance,irritation and mental torture.
The second concern is our property value. We have converted what was an old dairy
to a very nice home in the country.We have put hundreds of thousands of dollars into
improving it and we are very concerned about how this is impacting the value and resale
of our property and the other properties of the home owners association and neighbors.
The gun clubs response to my complaints is that"the gun club has been there a long
time."This doesn't hold much of a position because my house was built in 1867. They
have also said that"they want to be good neighbors;"the fact is that they have
disregarded the neighbors and increased their usage to the point that it is no longer
tolerable. They have increased their use by at least 400-500%.
09/11/06 16;46 FAX II020
`. , ,
➢ We don't have a problem with them being there,that is their right.
➢ They have changed the yagof the gun club which is unreasonable and
inconsiderate and is being questioned.
Did the city approve the changed use and improvements?Lighting,Concrete, Sanitation,
open fire approvals and or approve or evaluate the dB level or review the Colorado noise
control statute?
Berthoud Police Sheotine Ranee
Over the past 12 months,we have had an increase in different groups using the Berthoud
Police Shooting Range. These groups have included the Wackenhut Security Agency,the
Johnstown Police and another group that would not tell me who they were. I approached
these individuals because they selected times to shoot when we were having people and
events at our home. One of these times was at 8:45 am on a Sunday morning and one
time was during my daughter's graduation party. Again we would like to know our rights
as well as theirs.Does the Berthoud Police or City have the right to allow other
organizations to use it?Is it for revenue?What are the limitations or regulations?
Does the city of Berthoud have a long term plan in dealing with this issue? As the corners
of County Line Road 1 and Road 56 are developed, what will be the cities role in
resolving this conflict?
I have been and am looking at the many different statutes,private and public nuisance
filings, conclusions, actions and zonings as well.
We look forward to your thoughts and ideas.
� 1
eY
L 1e Thompson Home Owners Association
3 1 South County Line Road
erthoud,CO 50513
H 970 532 0553
C 720 939 2013
Shawn and Dana Flynn
1060 E. CR 6C Weld County Planning Department
Berthoud, CO 80513 71T
2006
2006
September 12, 2006
RcL EiVED
Bethany Salzman
Weld County
918 10th St.
Greeley. CO 80631
Dear Bethany,
We are writing to you in regards to a hearing you have set for September 19, 2006 at 1:30
p.m. regarding the Berthoud Gun Club. We live '/4 mile south of the club and have for
the past nine years. We have seen (or heard) the club grow at an alarming rate, shooting
10 — 15 times more than in the past nine years.
We have met with the club's board of directors regarding noise factors, lighting and
safety issues. We were promised that they would build large berms with big tees planted
to help with the noise issue. They have built berms and planted trees in part of the area
we discussed. but only as minimal as they could to make us believe they are working
with us to resolve the issue. The safety issue has come about due to the fact that they
have used the club to fire high powered rifles and shoot black powder guns. They are
doing this on the south side of the club with a house within 200 yards.
As a family we really do not have a problem with the club being there or we would not
have built our home here. What we care about is the club doing as they say; minimizing
the noise, lights being on all the time, and the safety issues. All of the issues have been
neglected by the board of directors. We would hope that you consider making the club
do as they promised and live by the rules set forth.
Regards,
_
r1
Shawn and Dana ynn
EXHIBIT
MEMORANDUM
TO: Planning Commissioners
COLORADO DATE: September 19, 2006, 2006
FROM: Kim Ogle, Planning Manager
SUBJECT: Amendments to Staff Comments
USR-1569, Berthoud Gun Club
2. Prior to recording the plat:
2.6 The applicant shall submit a lead management program to the Department of
Planning Servicea Public Health and Environment. It is recommended that the
applicant follow suggestions as outlined in The United States Environmental
Protection Agency reference manual Best Management Practices for Lead at
Outdoor Shooting Ranges at http://www.epa.gov/region2/waste/leadshot. Written
evidence of compliance shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
Development Standards
Item 3.
Hours of Operation shall be from 9 A.M. to 6 P.M. Monday, Tuesday, Thursday,
Friday,Saturday and Sunday. The facility is closed on Wednesday and Saturday
of any given week. (Department of Planning Services)
Comment:The TransferStation has hours of operation during the course of the day
on each Wednesday and Saturday of any given week. The relationship of the
Berthoud Gun Club to this facility makes use of the Gun Club unsafe to adjacent
properties and persons.
Item 5.
There are no four (4) employees utilized in the operation of this facility.
(Department of Planning Services)
EXHIBIT
1 _
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