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Home My WebLink About20020345.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MIKE GAUGER 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, Mike Gauger, VI #0100044, is 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 12th day of February, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Mike Gauger, property owner(s), 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 May 13, 2002, to allow adequate time for the property owner(s) to bring the subject property into compliance by completing, or making significant progress towards completing, the Site Plan Review process. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0100044 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Mike Gauger 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 May 13, 2002, to allow adequate time for the property owner(s) to bring the subject property into compliance. 2002-0345 �;� ; AL /.211 1w PL0824 VIOLATIONS - VI #0100044 - MIKE GAUGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO l ATTEST: � � !,a Gle aad, Chair Weld County Clerk to a *4, (S� David Lo Pro-Tern BY: Deputy Clerk to the Board . J. eile`/ / APPRO ED AS FOR . / N /A-c illiam H. Jerke � I C ty ttorne r‘ • ,� Robert D. Masden Date of signature: 2002-0345 PL0824 DATE: February 7, 2002 VIOLATION NUMBER: VI-0100044 NAME: Mr. Mike Gauger ADDRESS: 12556 E. WCR 2 .5, Brighton, CO 80603 ZONE DISTRICT: I-3 (Industrial) LEGAL DESCRIPTION: Part of the SE4 of Section 31, T1N, R66W, of the 6`h P.M. , Weld County, Colorado TOTAL ACREAGE: 7.96 Acres CASE SUMMARY January 23, 2001 Initial complaint received. January 26, 2001 Letter sent to Mr. Gauger by Kim Ogle, Planner. March 26, 2001 Additional complaint received. March 26, 2001 Initial inspection completed. March 26, 2001 Five day compliance encouragement letter issued. April 4, 2001 Violation letter issued. July 2, 2001 Property inspected. Property still in violation. July 23, 2001 Letter received from Mr. Gauger. July 24, 2001 Letter received from Todd Hodges Design, LLC. January 23, 2002 Property inspected. Property still in violation. January 29, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Currently, there is a violation of Chapter 23, Article III (3) , Division 4, of Sections 23-3-330, 23-3-330.B, 23-3-330 .B.1, 23-3-330 .E, 23-3-350, 23-3-350.G and 23-3-350 .G.2 of the Weld County Code. To bring the property into compliance the property owner shall address all outstanding issues presented by the Department of Planning Services and Public Works, thus allowing completion of the Site Plan Review process; otherwise all business activities shall cease operation on this site. co The Department of Planning also recommends that the County Attorney authorize legal action against any other persons occupying the properties, any persons N claiming an interest in the properties, and any persons acting in active concert with the identified parties. � � ..-4� • 3 ' 'y �r F J • _ eng in r a drillI r 1 � C "1 T I tir ».. yillil it �- . I ' 1 t =- 1 A ' t i 1 _ _ _ rI i 1 I L 1. _ 1 1 J•fyis +a, IHNIre _ca,I a1 ' w AL I - I . . _ t • - 1 0 • 4 • A . tip ' • .� - _� F . H - •ss 1 i. ter' t ' �'• • 4 • • A T , . • y• i • . • V .5-. p I to ' • . S3/4 , . ' % y �! , r I ---' J v. J. •1_1 .11.'i_ • •V - -- , , I�� ., • Y. r-- , , so �_f— ✓ri - r — _ y _ v" :(- r- 4 I ,at . . • tee I . Ammo.• v4. .II. . �• -gr I 4 .ate' •411..7 _ v Trr �1 •, !� , ii , . ..a• ll: r ,, • _• r . ; f. - fir. 1 '1 lI Y. .. ft' �� / 1 .rijilliMMINI • �.. 'rill. 4). .III. If " �t� ••"�1 } rte. 2 �{r•'� WP M% - 'N} la1 a Y Ills • • • • �• ' •',• .I• • . . '�.. . . - . ..- • I I a et I 1 _ .r• e ( Kit DEPARTMENT OF PLANNING SERVICES C Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 January 29, 2002 Mr. Mike Gauger Dun-Rite Real Estate, LLC 12556 E. WCR 2.5 Brighton, CO 80603 Mr. Todd Hodges 2412 Denby Court Fort Collins, CO 80526 Subject: VI-0100044 and SPR-339; Part of the SE4 of Section 31,Ti N, R66W of the 6'"P.M.,Weld County, Colorado Dear Mr. Gauger and Mr. Hodges: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 12, 2002, at 10:00 a.m., to consider the violations occurring on the property. As we have previously discussed the above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23,Article III, Div 4 "Industrial Zone Districts" Section 23-3-330 "1-3(Industrial)Zone District' Section 23-3-330.8 "Uses Allowed by Right." Section 23-3-330.8.1 "Any USE of a research,repairing,manufacturing,fabricating,processing,assembling or storage nature may be conducted in the 1-3 Zone District." Section 23-3-330.E "Site Plan Review Required." Section 23-3-350 "Design standards." Section 23-3-350.G "Required Landscaped Areas." Section 23-3-350.G.2 "That portion of a LOT in any Industrial Zone District which abuts a PUBLIC or private STREET right-of-way shall be landscaped for a distance of ten(10)feet,measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways may pass through the required LANDSCAPED areas." To bring the property into compliance the following option(s) are available: While our records indicate that you submitted a Site Plan Review(SPR)application on December 26,2000,we also show that this case still has several outstanding issues before completion. A standard SPR takes an average of??? days before completion. Additionally,we show no forward progress towards our ending goal of a completed SPR; therefore,the above violation hearing has been scheduled. This meeting 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 from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. Mr. Gauger and Mr. Hodges Page 2 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. U.S.Postal Service Sincerely, CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) �1 Bethany SalzmaA N to Zoning Compliance Officer Postage $ m 0 pc: VI-0100044 o Certified Fee Kim Ogle, Planner (SPR-339) Postmark g Return Fee Nem Department of Planning Services fNU En s Receipt free Bruce Barker, County Attorney o Restrictedoetvery Fee mi (Endorsement Required) Total Postage 8 Fees r1J VI Recipients Name (Please Print Clearly)(To be completed by mailer) m MR. MIKE GAUGER W/ DUN-RITE REAL ESTATE Street,Apt.No.;or PO Box No. o 12556 E. WCR 2.5 T.' sBRIGHTON, CO 80603 PS Form 3800,February 2000 See Reverse for Instructions SENIE`: COM•LETE THIS SECTI eN Ce M•LETE THIS SECTIeN eN SELIVE•V • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. D.-Sig O Agent nal e • Attach this card to the back of the mailpiece, i X ` _ � ❑Addressee or on the front if space permits. — D. Is deli Via- =ss different item ? O Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No MR. MIKE GAUGER DUN-RITE REAL ESTATE, LLC 12556 E. WCR 2.5 BRIGHTON, CO 80603 3. Service Type Xfl Certified Mail O Express Mail O Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number(Copy from service label) 7000 0520 0025 0403 8747 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 SERVICE,TEAMWORK,INTEGRITY,QUALITY FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 NORTH 17TH AVENUE GREELEY, CO 8063 I (970)353-6100 EXT. 3540 FAX: (970)304-6498 To: Todd Hodges or Date: January 29, 2002 Sheble McConnellogue Fax#: 720-293-8467 Pages: 3, including this cover sheet. From: Bethany Salzman, Zoning Compliance Subject: Dun-Rite Manufacturing COMMENTS: Please see the attached letter scheduling this case for a violation hearing. I am sorry that it came to this, but unfortunately, a new course in action is obviously needed. Bethany Salzman Zoning Compliance Officer Todd Hodges Design, LLC July 24, 2001 Mr. Kim Ogle Ms. Bethany Salzman Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 Subject: Dun-Rite Site Plan Review Dear Mr. Ogle and Ms. Salzman: This letter is to update you on the activities on Mr. Mike Gauger's property, 12556 WCR 21/2. Mike began lowering the antennae that is presently in violation and plans to have the Tuff Sheds moved out of the ROW as soon as possible. He thinks that by the end of this month, the sheds will be on the proposed sales lot, on his property.When Mike bought the property,he was misinformed as to where the property line existed. He has since surveyed the property. Mike contracted Todd- Hodges Design, LLC-to help him with-his-site Plan Review that started the violations. Toward the end of last year, he hired someone to do the Site Plan Review for him but unfortunately,-the person submitted an application that did not have-the-necessary information for Planning Staff. We are in the process of finalizing the Site Plan Review Application and will submit it as soon as possible. We-were-able-to iocate the commercial well-permit-(we have submitted a name change with the state), the septic permit, the Environmental Assessment Report, Deed, we worked with CDOT on the-ROW-and access, and-are in theprocess of working with-the Yield County Department of Public Works on their access issue. Their decision is still pending. We are working with-the-Greater Brighton Fire Department and the Site Plan is almost complete. The map will be submitted as soon as possible. The time we have spent on all of this will make for a complete application. We appreciate you allowing us this extra time to complete the application. We are addressing many issues/that carne up because the otigutdl application was incomplete. Thank you. Sincerely,e , C≤ A Aheble McConnellogue Todd Hodges-Design,LLC Cc: Mike Gauger 2412 Denby Court • Fort Collins. Colorado 80526 • (970) 207-!1272 • fax: (561)828-8059 nn.nil• snddbn,macanoinnin i0 , n,jinlr not Dun-Rite R /State LLC 12556 E. WCR ikAtrigiaten, CO 80603 PH. 303-637-0007 Fax. 303-637-9801 July 23 , 2001 To Whom it may concern: Dun-Rite Realty has hired Todd Hodges Degsign's to summit a site plan review on our behalf We are in the process of complying with all the previous noted violations such as removing the antenna, moving the trailers and the Tuff Shed buildings off the right of way path. We are have started to correct these violations. We have contracted to have these violation taking care of. Sincerely, /UG e Gauger a DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US • E-mail Address: bsalzman@co.weld.co.us ip Co 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE April 4, 2001 Mr. Mike Gauger Dun-Rite Real Estate, LLC 12556 E. WCR 2.5 Brighton, CO 80603 Subject: VI-0100044 Part of the SE4 of Section 31, TIN, R66W of the 6`h P.M., Weld County, Colorado Dear Mr. Gauger: 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 Ill, Div 4 "Industrial Zone Districts" Section 23-3-330 "I-3(Industrial)Zone District." Section 23-3-330.8 "Uses Allowed by Right." Section 23-3-330.8.1 "Any USE of a research,repairing,manufacturing,fabricating,processing,assembling or storage nature may be conducted in the 1-3 Zone District." Section 23-3-330.E "Site Plan Review Required." Section 23-3-350 "Design standards." Section 23-3-350.G "Required Landscaped Areas." Section 23-3-350.G.2 "That portion of a LOT in any Industrial Zone District which abuts a PUBLIC or private STREET right-of-way shall be landscaped for a distance of ten(10)feet,measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways may pass through the required LANDSCAPED areas." To bring your property into compliance with the Weld County Code: As we discussed at our meeting(April 3, 2001),an amended Site Plan Review (SPR-339) must be received in order to maintain any outdoor storage. Additionally,the Antenna shall be removed, reduced(within 70 feet)or a Use by Special Review permit shall be obtained. 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 30 (thirty) days from , April 4, 2001, 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. Mr. Gauger Page 2 Any information you have that may help to resolve this matter will be helpful. 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 pc: VI-0100044 Kim Ogle, Planner Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK.INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th o Avenue, 0, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO March 26, 2001 Mr. Mike Gauger Dun-Rite Real Estate, LLC 12556 E. WCR 2.5 Brighton, CO 80603 Subject: VI-0100044, Part of the SE4 of Section 31, Ti N, R66W of the 6`" P.M., Weld County, Colorado Dear Mr. Gauger: 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. The potential noncompliance with the Weld County Code is failure to submit a new Site Plan Review. Our records indicate that the uses currently in place on the above described property do not adhere to the uses listed on the current Site Plan Review (SPR-339) of record. Please contact me within five working days of the date of this letter to review these concerns with me or a thirty- day violation notice will be issued. 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, ' am E.i4G Bethany Salzman Zoning Compliance Office pc: VI-0100044 Julie Chester, Lead Planner Kim Ogle, Planner II (SPR-339) Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY I2 ,Q 4, ,; , ' If, 3 me G :° a f z a M T IIII o s)a0N � ). '� v v �i .r W zN 00oO8,r-�,10E eqP+ 1 o i- 'f) � y�, �N�C1r OCNYJM 'n ''''411.0 w Obi d �$. ¢' M�yr.U��U Q2 V ri t J } u fu y C`4• =_ xr in 4 f c y A UI .p+ WN �4NNN ,-- W R' NNC�j— 2zG,2� O_7 t�l Cl I .4 fir gYWLLO,�N{,. , p Mt• r`.2, �� C qq �mpY G FCC Lurgw N' N N •N y�?eyW W≤Z E'l'y' Q Y '' ¢ Gn^1C1 i-s " L�J' , 2 r r N 0 t WSyN. tmm WO, f ''pEp J m m rJ rir la tgR�,,, M1.`S2 N J - f ' AI do Lfi. 12ni,mG m¢ U c '', � . oN u =r_ ral a C e m•ClNK,2¢UU' O Y }`IC' 1�I₹�" pp Ins O d. fl'?” .0 N HU J ».r' a A. ; � 5a I' a • a y 3 rill 1 2,77 N LA r N H L Hryrypp1'EL S IilC41;,,,,,I;1 i �5 4 f' -II f� '.WC F u O R� �C'31 ' IiFaigl' �f1 I s Ji ,1.s r4='''i rQ w Iy{ b. II, 51 It f, 2. C I f f j1it t �; 'd; w2o d N .2 k )t III �E- ..,om e e ° I . 0.f 6� '° o u 4 i4 , Ijp z'.. wO6 z e I o �, T O Cr Y ,E J „Li a 9SP OI WIZ W C C Al g CD N{C ® c V' ❑ ❑.❑ I' ❑ ❑ I'. 2 U A ONP. O X A fI N.Q. LL. Cr' Z l« L g G C A N I,,. i L 'C h O ❑ 3 y G r 0. 0"rI H N N. {i .. =c at ... r ❑❑❑❑❑ ❑❑❑ c 0z z J O C »Q � N. d --4,-g-'It` Jf J p D. 1:,',7 z� ,?Z S Ng g J p q. C U Y, r. •Q v °u ;�o c u ti S LO 31- U° ,c o zl inl 7l I=1 cS mJ H 1. I Q`. a r an a'� m� �m m m'8 ❑❑❑❑❑❑❑❑. Li...) (licit DEPARTMENT OF PLANNING SERVICES Wage Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT X Staff/Name: 06(...0 C Citizen ❑ Other. • HEALTH DEPARTMENT o WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL • BUILDING CODE COMPLAINT • PUBLIC WORKS/PEST&WEEDS Date Complaint was received: * 2r' Pending Case#(i.e. USR, RE, SE, ect...): {2- 334 Legal Description: Pt 504. I - 1 —6a%, Parcel #: +1 ` ?3 S CC)OO1 Violation Address: `25S(0, e 2 icy • I�\( Co %D'jQ? Property Owners Name: M Phone: SCo 821 0403 Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: kIti 1N Z:1 II Ply AN/.e �.J 2tJ I t4 - It SPA � Cjj Q•eC2° CPC- ��c �f(bfJ�v cS er(5) , ��l Zoning Complaint Referred To: Date: Building Code Complaint Referred To: Date: Additional Notes: Q �. 1 y44v ti.sr ,:ers a El E y t { (3 n E S .„.,ii w fi 5{ sy P '4 'd".nk[ k0Fq�n UI,? '4 (t Ml a Q m' . Ai mi K ?I' L M 's CC a _ a I 0 m 4 N N L J O m z � #-% Z Q' E tg II-) 3 w a m z a � :� c z a N F J W w m W m w 3 u 3y a �' � o a) — o o m > C �A U —O_ J ui y O tJ �.; p o2 m a) i iti a m `a ¢ m o y ❑ u U o ay s 0 v Z o 0 0 m do l _ ro, f v .ate d m a 4 •l . © • I .A 2i k 11 --,- LL a reN I •„, ;:!:!I . •': : : '' • 3m E I ,..,,...f.',...,:!."' 13 N mQ`'p O IC11 L L 8 , 111,CV W az LYE C • •;, q .:0.. m01 CC LL LL , 1 _, � :I: , cczoI^0 0c "'q • ui W e O m u7 Ln m LL F , p , Wc°co •O,- Ip I: •;Y c W M w4 ��7�d IDOL ��}O }l ..,. 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U'•co -o: . • 117 7, ZI O r DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 • COLORADO Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT Staff/Name: V-O ❑ Citizen ❑ Other: • HEALTH DEPARTMENT • WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL • BUILDING CODE COMPLAINT • PUBLIC WORKS/PEST&WEEDS Date Complaint was received: Jqn 23, 2PI Pending Case#(i.e. USR,RE, SE,ect...): Sr!(z `" Legal Description: t7it' • ,E 4 .31 I 6,6- Parcel#: 1+7 131 OOOO5 Violation Address: I 'Zrj56., (ir 2 E Cti) 3O6;37act-11 Property Owners Name: MIK- v&E PhoneKW) &c 8t-j 0403 Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: OF"'E i 14.)G• 1i74,6))--)C-Sag IGLI 1 ^ 3 1-op�- \7)St` - C1 Vv)o AN A��'I7 ��J ✓1 re- to a5,43d z.e j I eNNV - Of)L • s-s 12-bf CaXttx-A2-) 61- f-cat it Fcti Sic it.3 EDDY C--c7-W , V-SA& t*t .DUI .+ Vv(c v srL M Zoning Complaint Referred To: Date: Building Code Complaint Referred To: Date: Additional Notes: v:-=f-1'Lt,1-1.1G-t L�1"�� n,'- "� j3 ✓L(� %;I 4\ -t 4 -Mss i 1 i A-`5 1 1.J Tb CACZE i C2 _ 5Pc> F= W) - TAN-4z- OUL..}x-r/') 11/4-1 Cr= A-C'PULr1 -3 i S 1h1'T T�Ua1 &(:-:--k9d0‘„, 5- AY ( e it z .n I-IL-t i r�e,s,�C5tvS1 ` 6 DEPARTMENT OF PLANNING SERVICES C 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US PHONE (970) 353-6100, EXT.3540 COLORADO FAX(970)304-6498 January 26, 2001 Mike Gauger Dun-Rite Real Estate, LLC 12556 E. Weld County Road 2.5 Brighton, CO 80603 Kyle Stacy 7789 South Dexter Court Centennial, CO 80122 • Subject: Site Plan Review (SPR 339) Dear Messrs. Gauger and Stacy: The Department of Planning Services is in the final stages of completing the above referenced application. As you may be aware, in the course of processing this application staff is required to perform an on-site investigation to verify that the conditions represented in the application are in compliance with the Weld County Code. Sheri Lockman and myself were on-site on January 23,2001 to perform the site inspection. During the course of our visit, Mr. Gauger arrived on site and discussion followed concerning the uses and activities currently occurring. Mr. Gauger stated that the trucking business which is utilizing the service yard and access from WCR 2.5 has a three year lease for use of the property. Dun-Rite Trailers and Tuff Shed distributorship is utilizing the office area of the building on site and the road right-of-way for display of the product. When asked by Ogle, Mr. Gauger stated the antennae approximately eighty (80) feet in height, attached to the front of the office was not currently being utilized by the facility. Mr. Gauger further stated that the proposed parking and storage of Boats, RVs and Motor homes in the warehouse structures was a future activity. The present leasees of the site were providing capital to the property owner thorugn this lease arrangement, such that the property owner could finance the construction of this future land use (Warehouse). Given the scenario of a use not presently permitted on site, the Department of Planning Services will require the property owner and/ or his representative to complete a new Site Plan Review application to address the current uses on the property. Staff has reviewed our records and finds two previous applications of record, one for Smith Energy Services dated 1982, (SPR 5) and the second for Black Hills Trucking dated April 1992 (SPR 156). The trucking business presently located on site may be in compliance with the existing site plan (SPR 156), however, staff will require further documentation from either Mr. Gauger or a representative of the trucking business to ascertain if a new site plan review application is warranted. Property research in our files was also conducted. Through this research it appears that the property is in violation of the site plan of record specific to landscape treatment on site and vehicular access to the office structure immediately adjacent to State Highway 85. The Weld County Department of Public Works, City of Brighton and Colorado Department of Transportation have confirmed that Polk Avenue does not exist as a legal point of access between SH 85 and the property. This land is right-of-way for SH 85. Presently your access is across State Highway right- of-way and all access from this point shall cease. Questions regarding access shall be directed to Diane Houghtaling of the Weld County Department of Public Works (970 356 4000 x 3750). Should you have any questions regarding this letter, please contact me at the above referenced address or telephone numbers. Sincerely, Kim Ogle, Planner II pc:SPR 339 SPR 156 SPR 005 at...ogieikimicorrespondence/SPR339_2.wpd WARRANTY DEED TII1S DEED, Made on TRG Enterprises, LLC, a Colorado limited liability be,wee" ccnpany, who acquired title as TRG Enterprises, LLC, of a Colorado limit-pd liability corporation County of Weld and Slate of Colorado • grantor,and pun-Rite Real Estate, TIC, a Colorado limited liability company whose legal address is 2149 E. Bridge Street, Brighton, CO 80601 of the County of Weld and Slate of Colorado WITNESSE'fil,That the grantor, for and in consideration of the Sum of ,grantee: ( $825,000.00 ) Eight Hundred 'TWenty Five Thousand and No/100ths DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted. bargained,sold and conveyed,and by Ilase presents does grant, bargain,sell,convey and confine unto the grantee,his heirs and assigns forever,all Ike real property,together with inlproveme ls,if any.shoal; lying and being in the County of Weld and Slate of Colorado described as follows: See Legal Description as set forth on Exhibit "A" attached hereto. as known by street and number as: 12556 E. Weld County Road #2.5, Brighton, CO 80601 TOGETHER will,all and singular the heredilamenis and appurtenances(hereunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and prulils(hereof,and all the estate,right,tine,interest,claim and deuand whatsoever of the grantor,either in law or equity.of, in and ho the above bargained premises,with the beredihameeds and appurtenances. 'I't)II AVE ANI)TO I11)1.D the said premises above bargained and described,will:the appuneuunecs,until Ike g ratnlces,Ids heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain,and agree lo and with the grantee, his heirs and assigns,that al flue lime of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good, sure,perfect,absolute and indefeasible estate of inheritance,in law,in lee simple,and has good right,full power and lawtd authority to grant, bargain,sell and convey the saint In manner and form aforesaid,and that the same are free and clear from all former and other grants,bargains, sales, liens, axes,assessments,encumbrances and restrictions of whatever kind or nature soever,except taxes for the current year and subsequent years, and except easements, restrictions, reservations, right of way and covenants of record, if any. 'Die grantor shall and will WARRANT ANIJ FOREVER DEFEND the above-bargained premises in the quid and peaceable possession of the grantee. his heirs and assigns,against all and every person or persons lawfully claiming one whole or any pad II creof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable hi all genders. IN WITNESS SI/HEREOF,the grantor has executed Ibis deed on the date set f"oh above. TRG Enterprises, LLC, a Colorado limited liability ccarmany who acquired title as TRG Enterprises, 11O a Colorado limited liability Ian poi dt_1O11 BY! Name: William A. .Rowe Title: Manager/Executive Vice President STATE OP Colorado } SS. County or Arapahoe The foregoing instrument was acknowledged before me this .. day of 010-aO by William A. Rowe as Manager/Exec.V.P. of TRG Enterprises, LIE, a Colorado limited liability company, who acquired title as TIC Enterprises, TIC, a Colorado limited liability coipmation. My commission expires Wilncs ray land a id omcial se No ry Pa fi No.932A,Rey 7-S4 Warranty Deed(Fur 1'Imlograpluic Record) Exhibit "A" LEGAL DESCRIPTION FILE NUMBER: C99-1498 THAT PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. , DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER SECTION 31; THENCE SOUTH 90°00'00" WEST ON AN ASSUMED BEARING ALONG THE SOUTH LINE SAID SECTION 31 A DISTANCE OF 1804.55 FEET TO A POINT ON THE WEST R.O.W. LINE OF THE UNION PACIFIC RAILROAD COMPANY; THENCE NORTH 13°47.30" EAST ALONG SAID R.O.W. LINE A DISTANCE 'OF 2685.46 FEET; THENCE SOUTH 89°52'30" WEST PARALLEL WITH SAID NORTH LINE A DISTANCE OF 211.86 FEET; THENCE SOUTH 13°47'30" WEST A DISTANCE OF 10.30 FEET; THENCE SOUTH 89°52'30" WEST A DISTANCE OF 316.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°52'30" WEST A DISTANCE OF 610.00 FEET; THENCE SOUTH 27°40' 30" WEST A DISTANCE OF 108.159 FEET; THENCE SOUTH 16°34'30" WEST A DISTANCE OF 452.627 FEET; THENCE NORTH 90°00' 00" EAST A DISTANCE OF 659.133 FEET; THENCE NORTH 17°11'25" EAST A DISTANCE OF 332.191 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE DELTA OF SAID CURVE IS 17°18'55", THE RADIUS OF SAID CURVE IS 717.38 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 216.80 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO. Hello