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Home My WebLink About20013160.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOHN AND DENISE WALKUSCH 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, John and Denise Walkusch, VI #0100240, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 13th day of November, 2001, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to January 8, 2002, to allow the property owner adequate time to recover from surgery, and WHEREAS, on the 8th day of January, 2002, a public hearing was again held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, John Walkusch, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until February 8, 2002, to allow adequate time for the property owners to clean up the property or apply for a Use by Special Review Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0100240 be, and hereby is, referred to the Weld County Attorney's Office for legal action against John and Denise Walkusch 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 February 8, 2002, to allow adequate time for the property owners to clean up the property or apply for a Use by Special Review Permit. 2001-3160 4,071PL0824 VIOLATIONS - VI #0100240 - JOHN AND DENISE WALKUSCH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of January, A.D., 2002. BOARD OF COUNTY COMMISSIONERS G ��_�Ti� `�-_� WE • COUNTY, COLORADO ATTEST: fatee E /j' A I Gle Vaad, Chair • Weld County Clerk to the -.a c t 1861 O) • �` avid E. Lo g, Pro- e tty Deputy Clerk to the Bohr U N M. J. eil I� alt d e jyrne7 V D AS T M: f William H. Jerke EXCUSED Robert D. Masden Date of signature: !7 2001-3160 PL0824 DATE: November 7, 2001 VIOLATION NUMBER: VI-0100240 NAME: Mr. & Mrs. Denise Walkusch ADDRESS: 12439 Highway 392, Greeley, CO 80631 ZONE DISTRICT: Agricultural LEGAL DESCRIPTION: Part of SE-485 also known as part of the SW4 of Section 18, T6N, R66W, of the 6`h P.M. , Weld County, Colorado TOTAL ACREAGE: 2 .590 Acres CASE SUMMARY July 26, 2001 Initial complaint received. July 26, 2001 Initial inspection completed. August 14, 2001 Five day compliance encouragement letter issued. August 27, 2001 Violation letter issued. August 30, 2001 Property inspected. Property still in violation. October 16, 2001 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 1, Sections 23-3-20, 23-3-30, 23-3-30 .I, 23-3-40, 23-3-40 .0 and 23-3-40 .R of the Weld County Code. To bring the property into compliance the property owner shall remove, restore or completely screen the Noncommercial Junkyard from all adjacent properties and public rights-of-way. Additionally, a Use by Special Review permit shall be submitted and a plat recorded or the business shall cease to operate. The Department of Planning also recommends that the County Attorney authorize legal action against 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. 2001-3160 Inspection information Sheet VIOLATION: VI-0100240 STATUS: ISSUED DESCRIPTION: Auto Repair Shop w/out a USR BASE INFORMATION: PARCEL NUMBER: 0805-18-0-00-044 LEGAL DESCRIPTION: 17846-E PT SW4 18 6 66 BEG S4 COR SEC N02D48'E 718.88' TO TRUE POB S86D52'W 347.84' N03D19'E 334.73' N88D58'E 343.73' TOE LN SW4 S02D48'W 321.74' TO POB SUB EXEMPT SE-485 %12439 HWY 392% SITUS: 12439 392 HWY WELD 00000 OWNER: WALKUSCH JOHN &DENISE OCCUPANCY: LOCATION: 12439 Highway 392 WEL APP TYPE: WCV CLASS CODE: VI-6 ZONING DIST: AGRI INSPECTIONS: Item: 00404 TELEPHONE CALL Item: 00405 LETTER 08/14/2001 By: BJS Action: NO Comments: Sent 5 day compliance encouagement letter. 08/27/2001 By: BJS Action: NO Comments: Thirty day violation notification was issued. 10/16/2001 By: BJS Action: HR Comments: Violation Hearing notification was issued (Certified) - 11/13/01 @ 1000. Item: 00400 SITE INSPECTION 07/26/2001 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: a Noncommercial Junkyard consisting of numerous derelict vehicles and a commercial business without an approved and recorded Use by Special Review permit. See pictures dated 07/26/01 - Disk 77 #22-25 08/30/2001 By: BJS Action: INSP Comments: Upon a visual inspection conducted from the road right-of-way, the following items were noted: it appears that nothing has really changed from the 07/26/01 inspection. Item: 00406 OFFICE VISIT i • al/ , I 1.....1 r r"_'+ L • - - - _ .�.a 4,4. .+ i yt * v 4 -t - i . 1 •, . • A.: .- _ • -- y ••• .11 1 all . :. _ Agiar a y • "�_ , hiss -W... �a abash 7.1.1 1 « j - �` ,.. . - t J. ��1J • r •%• • [[ - • lif.44 44 h f P. if 'ft i . � 1 , , ' r - .- • y .•. • fir '.. _______._Alirk__i-- ,g ' , j eh," , , .. . . ._ . . . , . . . . , . -,. . it. :. 4:.:\,,t* ;4'i , , t . , • egi 41, I v-or •. DEPARTMENT iglu OF PLANNING SERVICES C Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 7 1 • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 October 16, 2001 Mr. & Mrs.John Walkusch 12439 Highway 392 Greeley, CO 80631 Subject: VI-0100240, Part of SE-485 also known as part of the SW4 of Section 18, T6N, R66W of the 6'h P.M., Weld County, Colorado Dear Mr. & Mrs. John Walkusch: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 13, 2001,at 10:00 a.m.,to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District" • Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial Junkyard." Section 23-3-40 "Uses by special review." Section 23-3-40.0 "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions..." To bring the property into compliance the following option(s) are available: The automobile repair shop shall be permitted through a Use by Special Review permit or the commercial operation shall cease to operate. As I have indicated previously,I would suggest that you come to the office and speak to one of our"On-Call Planners"(Monday or Friday, 12:00 p.m.-4:00 p.m. or Tuesday thru Thursday, 7:30 a.m.-4:00 p.m.) No appointment is necessary because individuals are seen in the order they sign in. The Noncommercial Junkyard consisting of numerous derelict vehicles shall be removed or screened from all adjacent properties and public right-of-way. For your convenience, I have added the appropriate definitions: • DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power);or is partially or totally dismantled;or has all or portions of its body work missing or is substantially damaged;or is not registered with the State of Colorado,as required by Section 42-3-103,CRS,or by Sections 42-3-138 or 42-12-102,CRS,and/or the number plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-123,CRS;or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and otherequipment as required in Sec:ions 42-4-202 to 42-2-227, CRS. This definition shall not include; implements of husbandry, farm tractors, or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences,earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding USES. Definitions Continued... NONCOMMERCIAL JUNKYARD: An area where any waste, junk,or used or second hand materials are stored or handled, including, but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials, and bottles. A Noncommercial Junkyard may also include the storage or keeping of derelict vehicles. The Noncommercial Junkyard shall be totally enclosed within a building or structure or visually screened from all adjacent properties and public rights-of-way. JUNK:Scrap brass, iron, lead, tin,zinc;all other scrap metals and alloys;bones; rags; used cloth, rope, rubber,tinfoil, bottles, old or used machinery of any type; used tools, used appliances; used lumber or crates; building materials;fabrication of any material;used pipe or pipe fittings;used conduit or conduit fittings;used automobile parts;derelict vehicles;used tires and other manufactured goods that are so worn,deteriorated,or obsolete as to make them unusable in their existing condition. 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. 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. ry N y N c. Sincerely, 0 a. • D N a N 9 �a m ° Y Q Q > Z m 0� s0 C0••••4 Bethany Salz an ' d o '73 F3 m co Zoning Compliance Officer = -v E cc o .g o. O a, o• m 0 pc: VI-0100240 Z• a w ci Department of Planning Services w -e > ❑ ❑ ❑ z Bruce Barker, County Attorney v' 2 U 2 - — — . m c n �\ °' n a o w g, `l^ �' , m `m ti ,4 13 t pL• g.' ,O m « ; m y ea a U Q — 'N E g • JX a y> `o U Q d d vi v E al d d a, m N V 2 CC L o U lie o uu m m E a x ." ° U m u e m m U 'n d > .a '�U O0 D CL '..j- v a .-4 o d o n .-7 c'1 r1:1 u 6 U y am ° rri -9 .-i O U 83 N en W ¢ m a`a= 3N <n v � o ON 1 h m o 2 W & Z m 0o vt mc�� u� 2 MO m 0 � ' m0 '. '�"' �` t- rodm« mom O D+ � E N c, . . 8 "' fR a' , m° C W D E« h -, 0 rn • ≥DLO m • •8 ffi8 m • yx Ua �dm`� w a • x � 00 a yOZ m m a' _ LL w � oHa a mUmC9 � H ` � 9 am a, y S9W u a° f a "z¢ m 'Z °. `.:>."- • 017,0 °ic`°io m '£ D+ 8`' ,LE) w— `y •m ¢d l_ z! ,..a O+ NF7M U N to c ¢ mNw a WT n7 E CO 41 °I— m o Em '°d ¢t+1 $W .. d:c o3«Y a MW Z 0C) a a a .t caWE ¢ 0 C.) ¢a 'Sg 0 uXdN. a04 ti 0us : EEcto. moo v • 04 � - N- O TOSS EOha S200 0250 000E • • • - a SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEPARTMENT OF PLANNING SERVICES Division Code Compliance Website: WWW•CO.WELD.CO.US E-mail 555 N.17th Avenue, Greeley, CO 80631 C Phone: (970) � o COLORADO Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE August 27, 2001 Mr. & Mrs.John Walkusch 12439 Highway 392 Greeley, CO 80631 Subject: VI-0100240, Part of 5E-485 also known as part of the SW4 of Section 18, T6N, R66W of the 6'h P.M., Weld County, Colorado Dear Mr. & Mrs. John Walkusch: 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 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right" Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial junkyard." Section 23-3-40 "Uses by special review." Section 23-340.0 "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the plat or lots parts of industrial map or p antricts,filed prior)to adopti that on ofranyrregulations controllingy is not a tot in an subdivpproved isionsr ..." To subdivision To bring your property into compliance with the Weld County Code: The automobile repair shop shall be permitted through a Use by Special Review permit or the commercial operation shall 12:00 p.m.-4:00 p.m. or Tuesday thru Thursday, 7:30 a.m.-4:00 cease to operate. As I indicated during our telephone conversation,I would suggest that you come to the office and speak to ay,one of our oin men isPl necessary rMonday or iv p.m.) No appointment is necessary because individuals are seen in the order they sign in. The Noncommercial junkyard consisting of numerous derelict vehicles shall be removed or screened from all adjacent properties and public right-of-way. It is the this office to assist and cooperate with you no discretion of in this matter if you fail to cono imposing correct this violation. You have 30 however, (thirty) days from have , August 27, 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. & Mrs. John Walkusch 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, B thany Salzm n Zoning Compliance Officer pc: VI-0100240 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY racteles\z, 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 Avenue, Greeley, CO 80631 OPhone: (970) 353-6100, Ext. 3540 Fax: :970) 304-6498 COLORADO August 14, 2001 Mr. & Mrs.John Walkusch . 12439 Highway 392 Greeley, CO 80631 Subject: VI-0100240, Part of SE-485 also known as part of the SW4 of Section 18, T6N, R66W of the 6'" P.M., Weld County, Colorado Dear Mr. &Mrs.John Walkusch: 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 a Commercial Business consisting of automotive repair without an approved and recorded Use by Special Review permit. Additionally, a"Noncommercial Junkyard" consisting of numerous derelict vehicles was present. For your convenience, I have enclosed the necessary permit. I would suggest that you come to the office and speak to one of our"On-Call Planners"(Monday or Friday, 12:00 p.m.-4:00 p.m.or Tuesday thru Thursday,7:30 a.m. -4:00 p.m.) No appointment is necessary because individuals are seen in the order they sign in. 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, Bethany Salz an Zoning Compliance Officer • pc: VI-0100240 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,LNTEGRITY,QUALITY CV '.J 0 -CS ® :. gi �' ICJ 1 9 I ��' � . a IL,1 O N. 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'c-;o Phone: (970) 353-6100, Ext. 3540 COLORADO N,- Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT ❑ Staff/Name: X Citizen 0 Other: X HEALTH DEPARTMENT Citizen's Name(If known): Pccr(lt ru v ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): liC BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: q 'a10 i© Pending Case#(i.e.USR,RE, SE, ect...): a y Legal Description:Pt`6MC3c `--atwI'3F Lag LO Parcel#: NC& IS-O•re,•niati Violation Address: I,≥(451 i-11)h(fili i 511 ^_ Property Owners Name: Ll ni e I A3',h,srhn 8 bun l7 i.:)2.n Phone: Property Owners Address: tC ^CX. ft r1t\C. '" YP @ tti i , W a"):c.2)I Tenant's Name: Phone: --------- Tenant's Address: NATURE OF COMPLAINT: MCCI"ani i.•, Ri-in QJ[ i ( Si) Lt)I RI t LifNt Complaint Referred To: �.7�p 10 Date: 13 (141ZN Complaint Referred To: / r n } Date: Additional Notes: to ,'Z P,fl 7 C' \1'N X i.4YY`Gr=4-rc / apLo'k -NI,-1-1 -c9faL Recorded^' _ B 1431 BBC 02378082 03/14/94 15:19 $10-00 1/002 A. ' Mi81' F 0940 MARY ARE FEUBRSTBIN CLERIC & RECORDER WELD CO, Co 0 cE Q 'WaiarytjADeed S� THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances(the "properly")from the individualist.corporation(s).partnership(s).or other enlilyf ies)named belowas GRANTOR to the indiwdual(s) or entitypes)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property. eacepl for(1)the hen of the general property taxes for the year of this deed.which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record.and(6)any additional matters shown below under"Additional Warranty Exceptions. The Specific Terms of This Deed Are: Grantee (Give name's)and placers)of residence.tithe spouse of the owner-grantor'staining in this Deed to release homestead rights.identify grantors as husband and wile) LAWRENCE HERT21(E AND RICK HERTZKE 1024 9th Street; Greeley, Colorado 80631 Grantee: Give flamers]and addlesslesl statement of ad.ess.including available road or street number,is reunited I JOHN KARL WALKUSCH AND DENISE LENORE WALKUSCH 12439 Highway 392; Greeley, Colorado 80631 Form of Co-Ownership: 1'1 there are ten or and re grantees named they will be considered to take as tenants m common unless the words-,n lull Tenancy' or eor lc or the same meaning ale added in the space below) IN JOINT TENANCY STATE DOW ,E/N RY FEE r.� Properly Description: I co nclude unl y ant .taro I Date /y/9 PARCEL 3i $ C�1 A tract of land being a part of Lot A of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November 29, 1990 in Book 1283 under Reception No. 2234328, Weld County Records, and located in the Southwest Quarter (SW1/4) of Section Eighteen (i8), Townstip Six (6) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: (Continued) Property Address: 12439 Highway 392 - Greeley, Colorado 80631 Consideration: lTbi statement nr a dollar amount 5 optional anequaleconsm<rrAn tot:his deed 411 tie presumed nn less inncnn vey ance 6 bentmel.15.1:'I in an;C,,'e!ha cnnleyenro•s absolute 'mat and uncondNonal I ONE HUNDRED FORTY-FIVE THOUSAND AND NO/100THS---(3(45,000.00)---DOLLARS Reservations-Restrjciions: l It thr GRANTOR in ends 10 f esnne any interest n the grocery or to con.'.Irks than nenwns nr l the GRANTOR .c resu2nng tht•GP ANTES i right in the plopeny male ar''opu.0e in,Ma0.n. Reservations, restrictions, covenants, conditions, leases, tenancies, agreements, building & zoning regula₹ions, easements and/or rights—of—way, apparent or of o record • a Additional Warranty Exceptions: include deers or rust hr,r,ass„led and Omer manors mil coy.......,no,e General property taxes and/or special assessments/improvements, whether currently assessed or not, for the current year and all subsequent years a E.ecured by Inc Gnmhn pn -14arch 11 __._ to 3A-. Signature Clause for Corporation.Partnership or Association ��1� 1.1 Signaler bust for Indio: 1(s)' Name of G.anmr Corpormron�Pannersmp Or A sooat on ENCE E GrantorCo By Arrest C• Grantor STATE OF COLORADO COUNTY OF Weld t 55 The loregmng instrument was acknowledged bear,me Ins 11th day of March ByRICK HERTZKE INDIVIDUALLY AND AS ATTORNEY FOR LAWRENCE 't.tytT•4KE WITNESS comm my need and onrcal seal r ) ry ` �� commission nil and 12/18/97 lX� J' ub A/ Notary Ozonic STATE OF I COUNTY OF ss. The foregoing instrument..as acknowledged berme meltnrs day of , 19 By' (•name individual Grantor(st or rl Grantor ryCorporahon.Panty ershrpor Association.tnenrdenbty signers as president or wce president and secretary Or assrslanl secretary of corporation,or as partners)of partnership.or as authorized member(s)of assocration WITNESS my hand and official seal My commission aspires: NotAry Public C 1501 UPDATE LEGAL FORMS ^�' / .)�� ND.201 PO.Boa 1515-Greeley.Colorado 20632 /✓5 v , (303)35645350 B 1431 REC 02378082 03/14/94 15:19 $10.00 2/002 F 0941 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO LEGAL DESCRIP1ON (continued) Commencing at the South Quarter Corner (S1/4 Cor) o₹ said Section 18 and considering the East Line of said Section 18 to bear North 02° 48' 32" East, with all other bearings contained herein relative thereto; thence North 02° 48' 32" East, 718.88 feet along the East Line to the True Point of Beginning; thence South 86° 52+ 52" West, 347.84 feet; thence North 02° 19' 32" East, 334.73 feet; thence North 88° 58' 52" East, 343,73 feet to the East Line of the Southwest Quarter (SWI/4) of said Section 18; thence South 03° 48' 32" West, 321.74 feet along s id East '_;nu to the True Point of Beginning. Being described as Subdivision Exemption No. 485 as per the plat recorded March 3, 1994 in Book 1429 under Reception No. 2376416. PARCEL 12 A non-exclusive Access Easement 30 feet in width as shown on the recorded plat of Subdivision Exemption No. 485. n. ��. John Orth 33062 WCR 25 Greeley, CO 80631 November 16, 2001 Weld County Board of Commissioners Greeley, CO 80631 Re: Violation Hearing of John Walkusch on November 13th. Dear Gentlemen: I am writing this letter to correct some testimony that Mr. Walkusch gave at his violation hearing before your board. I felt this was necessary because I have found that J.W. has never been forthright with me and has been known to take great liberties with the truth. J.W. has been engaged in auto, truck, and industrial equipment repair, without proper zoning, for the last four to five years. He did not start this business recently as a result of his accident injuries as he stated. A check with the NAPA parts people in Windsor will show that they have been delivering parts to that location for some years. Dennis Hronek of PO Box 546, Windsor, CO 80550, 686-0669; can attest to the fact that he delivered for repair an industrial machine, owned by Crystal Landscape, to J.W.'s place of business many months before J.W.'s accident. You may even find that his loss of sight in one eye may also be a fabrication. I checked with the County Recorders office a few weeks ago and at that time they showed him owning circa .99 acres not the 2.95 acres as was reported. This could have a bearing on how many animals he is allowed to house there. J.W. had been selling motor vehicles of all descriptions off the end of the lane leading up to the three houses on that hill. J.W. had sold more motor vehicles within any given year than is allowed by state law without a dealer's license. This lane is jointly owned by the three families living there plus myself. This joint ownership also caused joint liability for all parties through his illegal sales. See the enclosed letter sent on the 20th of September this year. J.W. referred to the fact that he had been in contact with my lawyer with an implication that he was in the process of settling any dispute that we may have had. This is only half true. I hired a young lawyer to write J.W. a letter demanding that he remove within ten days, the tons of fill dirt that he had dumped on my property. This was the base part of the six feet of fill that he dumped on his lot to raise his grade some months before. This lawyer was very inept as he did not date the letter he sent and did not furnish me with a copy of it until I requested it some time later. When enough time had passed so that it was obvious that J. W. wasn't going to comply with our demands, I hired an excavation firm to close up my bunker silo next to the potato barn and to return his fill dirt to his property. I had determined that this would be the cheaper alternative to pursuing it any further with the lawyer. Chuck Finnegan had also had to dig up the fill dirt that J.W. had pushed over onto his property when he was still living to the West of J.W.'s land. About this time my lawyer wrote me a letter informing me that he had been in contact with J.W. and that he would be willing to sit down and talk about this issue and that the lawyer would also be willing to chair these meetings in his chambers! I had hired the lawyer to get the dirt removed not to talk about it at $100.00 per hour. Needless to say I have not engaged this man in any further way. For J.W. to refer to this as though it was a positive thing is a further distortion of the truth. I did not present these facts at the time of the hearing primarily because J.W.'s statements were so misleading as to take me back and leave me wanting for words. If this information would be more appropriate at the next hearing in January, then please lodge them accordingly. Now that I know that these violation hearings are held before the same group of commissioners as will hear any Special Use applications, it may also be appropriate to present my objections to his business at this time. I will attach my objections on a separate paper so that it can be presented at that Special Use hearing if it is more in keeping with protocol at that time. Thank you for your time. Sincer,ly yours, / John Orth September 20, 2001 To all parties that share the common right of way that leads from State Highway 392 to your respective homes. All parties share the common right to use the above lane for egress and regress from your respective properties. No party has the right to park vehicles on the 30 foot right of way for any purpose other than during maintenance procedures. Any,vehicle found to be parked on any part of this right of way will be treated as abandoned and will be towed off the premises. The owner of the towed vehicle will be liable for any and all towing fees and any other associated cost incurred. The Weld County Sheriff's department is fully apprised of this situation and concurs with this remedy. This action is also necessary because one party has taken it upon themselves to sell motor vehicles from off this right of way, thus incurring liability for all four parties. Five or more motor vehicles sold in any one year constitutes a violation of the motor vehicle code Which holds the owner(s)of the property used for this purpose as being liable. Those owners are all the parties that now enjoy the right of egress and regress across this lane. That same owner(s) must hold a valid dealer license supported by all the proper facilities in order to legally sell motor vehicles. /-- You have been fully apprised of these above laws and you will be found to be in violation of them if you do not comply immediately. R spectfull ((jai LLJJ h Orth John Orth 33062 WCR 25 Greeley, CO 80631 OBJECTIONS TO A SPECIAL USE PERMIT FOR A REPAIR BUSINESS AT JOHN WALKUSCHES AT 12439 HWY 392 1. The access road to Walkusche's machine shed is not owned exclusively by him, but by four families. I am one of the four families and I object to the traffic over that road such as customers, parts delivery trucks, towel service trucks, tool vendors, etc. 2. I object because of safety issues. The roadway makes a 90 degree turn as it passes the end of two of the houses up there and another 90 degree turn to reach their machine shed. This is hazardous to any pedestrians who might be walking there as there is no assured clear distance to see the approaching traffic. 3. The shed that is currently being used to repair vehicles in is a 40x90 foot wooden frame building with wooden siding and a metal roof This building is old and dried out and a fire hazard. There are three houses and five other buildings tightly grouped together on that hill. Any fire in that shed could touch off a fire storm that would leap frog to the other close buildings and wipe out everything on the hill. Fires are not uncommon when repairing vehicles and equipment because of it is being carried on in close proximity to gasoline, diesel fuel, hydraulic oils, solvents, and many other petroleum products. One spark from an acetylene torch and the resulting fire or explosion could burn all their homes and buildings. Clearly this building was never built with this intended purpose in mind. I am sure that the local fire Marshall would concur with this. Adding to this hazard is the location of a diesel fueling tank at the East end of the building and a large propane tank just outside the Northwest corner of this same building, too close to be safe. 4. Property values would definitely be decreased in such close proximity to a truck and car repair facility. I would be very surprised if any of the other families living on that hill bought their houses thinking that they would have to contend with a repair facility on their door step. 5. I object to any increase in traffic in that area because it will increase the potential for theft and vandalism. Theft and vandalism in close proximity to the Walkusche's has increased markedly in the past years. Within eye shot and hearing distance of their back door I have experienced the theft of rip-rap from out of my tail-water ditch, slashed car tires, sabotage of a friend's fuel system on his truck that he had parked there only one night, the theft of fuel from the same truck,the dumping of materials in my bunker silo, and recently the sneak theft in the night of a $161.00 bale tarp. I have had to fence off the south lane to my property in an effort to curtail this activity. All in all I think that this property would be a very poor choice as a business location and I finding distressing that this unregulated business has thrived for so long already. A Record of Past Events Pertaining To Mr. &Mrs. John Walkusch Of 12439 Hwy. 392 And Neighbors John Orth Nov. 16th 2001 The Orths involvement with the Walkuschs started when Lawernce Hertzke sold three houses and properties to three separate families. These properties were once a part of the original 160- acre farm. The 8-acres were separated off prior to our buying our 72-acres. Mr. Hertzke asked the Orths to sign a right of way deed that would give all four families common rights to the only lane that leads to all of their houses. It would still give the Orths access to a potato barn that lies North of these peoples property, which belongs to the Orths. All four families were to agree upon the maintenance of this lane and share in it. Shortly after the agreement was signed John Walkusch took it upon himself to gravel this lane without the expressed consent of any of the other families. John W. and his father were both doing the trucking and did the work themselves. When John W. presented the other families with a bill for their part of the charges it was noted by Chuck and Valerie Finnegan that the amounts that Walkusch was charging everyone was considerably higher than what other companies would have charged to do the same work. The two families, Finnegans and Meyers both paid the charges under protest but the Orths did not. We felt that it would set a bad precedent. The charges were excessive and none of the families had been asked before Walkusch had proceeded. Our use of this lane was minimal and since that time I have built another access road totally on my property. J.W. then sent his father down to try and collect the bill from us but I informed him of the above information and would not pay it. Later on Dennice Walkusch contended that no one objected but me. When I informed her that none of them wanted to pay their bill, she said but it must have been all right because they eventually paid! Our next encounter was when the Finnegans built a corral and fenced off their part of their property. Their corral closed off a trail that led from the end of the driving lane to the Orth's potato barn. John W. called us to inform us of this situation and asked us to force the Finnegans to remove their corral. I informed John W. that it was the Finnegan's land and that they had every right to fence it off. Thereupon J. W. asked me how I would gain access to my potato barn. I informed him that I would create a new trail around the North end of their corral. J.W. was concerned that this lane should remain open because he had started using this as a back entrance to his own property and didn't want to lose it even though it was my private access, and property, and not open to his use. Some time later when I was working around my potato barn I discovered that J.W. had graded a trail from the back of his property over to my bunker silo and that he was dumping his horse manure into the pit. I had been in the process of trying to clean out the pit so eventually it could be closed up. Hertzke had hauled five truckloads of used Neuflex plastic irrigation tubing out of the pit and I didn't want people dumping there. I therefore graded a dirt berm along my property line to keep J.W. from having access to my property. Later on I returned to the area around the barn only to find that Mrs. W. was grading away the dirt berm from their trail with their"skidsteer loader". I asked her what she was doing and she informed me that she was just cleaning up. This was an obvious lie so I informed her that she could not have access to my land, and that I didn't want her dumping her horse manure in my silage pit. She then return to her house and called the neighbor who was renting my tillable land at the time, and stirred him up against me so that Mr. King asked me if I wanted to fight seeing how I was picking on a woman. I told him what the situation was and he returned to his home. After I had restricted the Walkuschs from my land, we received "hang up"telephone calls for many weeks. The Walkuschs had an unlisted telephone number and our telephone ID recorder would not show their number. One day one of these calls came in while I was in the room and the wife answered it. When no one responded to her answer, I spoke in a loud voice so whom ever was on the line could hear me; "It is only the Walkusches calling again." After that,the hang-ups ceased for that time. These calls resumed after each encounter with the Walkusches. After the encounter over his selling vehicles off the common lane, I received one so vile and filthy that I recorded it as evidence. The caller was attempting to disguise his voice but it was a very childish attempt. Valerie Finnegan ask me to do something to keep the tail water drainage ditch from washing any deeper because she was afraid that her children might fall into it and get hurt. This ditch runs North to South along my side of the lane that leads to their houses. I consulted with the Ag agent, and he agreed, that I could use of some of the rubber tires, that had been used to hold the coverings on the pit silo, as rip- rap for the bottom of the ditch. J.W. started calling all the county agencies to complain about what I had done. When each agency had investigated and found nothing amiss, he then wrote to Action Line in the Greeley newspaper to complain that they were letting me get away with illegal acts and not doing anything about it. "Action Line" agreed with the county agencies and said so in the newspaper column. (See attached copy.) That winter J.W. apparently took his loader and removed the tires from my ditch and dumped them back into the silage pit. Shortly after this Valerie informed me that she could not take any more of J.W.'s antics and because she feared for her families safety, they were selling their house and moving to Southern Colorado. One day when I had parked my car just outside the open doors to my potato barn, I came out of the barn just in time to see Mrs. W. running from my land to hers. I didn't think anything of it until I returned home to find that my right front tire had been slashed and was flat and ruined. At this point I was hoping that this would be enough to cure their vendetta against me and that maybe that last act would satisfy them. How wrong I was. It now has become apparent that their thirst for vengeance only grows worse with time. Dennis Hronek, a friend of mine, hauled some compost onto my property along side of the potato barn and unknown to me, he left his truck there overnight. The next morning he found that his truck had been sabotaged overnight. The fuel pump was broken loose and all of the fuel from one set of tanks had been drained out and taken. Of course J.W. was the prime suspect, but we never reported it. That summer J.W. planted some trees along his fenced horse area in what could have been my field. I said nothing about it even though he dug a ditch to lay a water line to the trees and it looked like it was all on my land. Because I had no fence between our two areas, and the area had no definitive boundary stakes, I assumed that it must all be his land. That fall when I burned the weeds along that boundary line, I took special care to burn only the weeds and not to harm the trees. That night J.W. appeared on my doorstep and verbally assaulted the wife and I accusing me of burning his trees and telling me that he had planted those trees on his property. I finally told him to leave because I had done no harm to either him or his trees and that we would suffer no more of his verbal abuse. The next day I asked Kevin King, who had sold us our land, and who is a surveyor, to set some visible stakes in that area to define the boundaries. After he had laid out the boundaries it was apparent that J.W. had dug his ditch onto my land, and had planted his trees also on my land. Since that time J.W. has filled the back of his land so that it is on my property. This I have since removed at a cost to me. He has been running a car,truck and heavy equipment repair business out of his machine shed with out the proper zoning. He sells used equipment that he has repaired by parking them across my ditch and on my field, and in the lane. This was in violation of the state law and I have since taken action to curtail this. He has altered his machine shed by adding heating and cooling to it without completing his building permits. Earlier this summer I had a new $161.00 tarp stolen off my first cutting of hay that was near my potato barn. That was the last straw. I called the sheriff and reported all that has been taking place as well as the theft of the tarp. He said I should have been calling sooner. The location of the hay and my potato barn is such that a person would have to drive past the other neighbors houses up the private lane to enter from the south, or drive a half mile across our farm field road to even get there. Both were clearly visible from J.W.s back door. Meyers will not complain because they are afraid of what actions he might take against them. Ken Meyers has erected a privacy fence between himself and the Walkusches and has changed to an unlisted telephone number. Bobbie Feather moved into the Finnegan's when they sold it. She probably won't protest J.W.s antics because she seems to also be engaged in an unzoned business involving her occupation as a counselor that she operates out of her home, at 12435 HWY 392, Greeley. n..? ag : 6 imim. kii ccf- tt ,8i£ ag = �, a .a O � u' €SP.L.ti 2s.2 . $18 04H3 o.g !. �gc s O 'hi 9, r- 0_ Ill � ' a _ �cii: Wg 8 s' 3 On �k _ >.() 14100/1 illi5iiillIF 1 . q a CO O u W G G ; y0 A rJ' su q ' V 00 U e �. .p 6 N `� J N 11. nyC w O II a _-w f $ tQ 8g'^ o gg.E q >. Y &w o Y 'o o v 8 d E w$ v pd a '�^±v ��9 o ac u > > u 4 ' a 1=1§ 'q 5u 'E9.81.Ecim19O Y .vooSs E $ 0s .am �a d P v m O:d �3 p? u^ oo O u a l. u Y E r:4= a= a •� '3 W II VMS". Z' L `.r2 0 � util iTtiaB500e85 8 Q pw000 i n 91 . E=. Y 'agva 9 Y•8 $ E v1p Y MN 3. iiw3 . 2.A Yii Y u K >. u o ^ x ^?; G 3 ° v >` o roo. 8g >,Y 2.1I'9 / .Ea 4 isv og d E o. 8'Ceb o11~ aCoyou.G3 px oka 5G 1 8 4a. sO �� 0,2 „a(aa $. Y'^.5� E :-.ESio' o § U Al12 I kg. g .E-t oq•g, g0A84 . O E '5'$5 fl' YgT5.. 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L+;d 'g. � Y g a3.LE a'a'a�" � itIilt ' riv�1 + � 8 � ` �p8b 8fluiiliir! e 0.1 L. $ �`� u t � glisi 5tgi BS ! .a c.Ev, . i• r' c i11 $$ n°E� �. ,.i 022,rig a�` Z '�.l W gy�''y_p°�~"' a o'LoE •q S$ § S c E 0.6 .75 ti a. lit laig^�u yyyy w pa u g�Cj:� 8 q qqtom 4 a� ,c 'yy U S t" o Y ITVP• cli>Q,I Ep $ .p qO;g3 �.y.ECQ ^ q g� O •r0 6 8 I .C !O'.7 S, is ,y 1 DATE: January 2, 2002 VIOLATION NUMBER: VI-0100240 NAME: Mr. & Mrs. Denise Walkusch ADDRESS: 12439 Highway 392, Greeley, CO 80631 ZONE DISTRICT: Agricultural LEGAL DESCRIPTION: Part of SE-485 also known as part of the SW4 of Section 18, T6N, R66W, of the 6th P.M. , Weld County, Colorado TOTAL ACREAGE: 2 .590 Acres CASE SUMMARY July 26, 2001 Initial complaint received. July 26, 2001 Initial inspection completed. August 14, 2001 Five day compliance encouragement letter issued. August 27, 2001 Violation letter issued. August 30, 2001 Property inspected. Property still in violation. October 16, 2001 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. November 27, 2001 Received a letter from a neighboring property owner. Currently, there is a violation of Chapter 23, Article III (3) , Division 1, Sections 23-3-20, 23-3-30, 23-3-30 .I, 23-3-40, 23-3-40 .0 and 23-3-40 .R of the Weld County Code. To bring the property into compliance the property owner shall remove, restore or completely screen the Noncommercial Junkyard from all adjacent properties and public rights-of-way. Additionally, a Use by Special Review permit shall be submitted and a plat recorded or the business shall cease to operate. The Department of Planning also recommends that the County Attorney authorize legal action against 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 . SLOANS LAKE MANAGED CARE P.O.BOX 241323 DENVER,COLORADO 80224-9323 December 17,2001 John Walkusch 12439 Hwy 392 Greeley,CO 80631- INJURED PARTY: John Walkusch CLAIM#: PIPY5082289X DATE OF ACCIDENT: 01/10/01 INSURANCE COMPANY: FARMERS INS OF COS INSURED: Walkusch,John REFERENCE#: R349264 TYPE OF SERVICE : Outpatient Procedure REFERRED BY: RANDY M BUSSEY REFERRED TO: MORRIS E TILDEN RECOMMENDED#OF VISITS: 0 EFFECTIVE DATE: 12/13/01 EXPIRATION DATE: 03/13/02 COMMENTS: Admire Non Auth for 1 lasix surgery,Need Provider's requesting note,and all Diagnostic test results We have not been able to obtain the necessary clinical information from your provider for the above services to determine whether they are medically necessary,reasonable and related to the motor vehicle accident. THEREFORE,WE ARE UNABLE TO MAKE A RECOMMENDATION AT THIS TIME. We have informed your provider and the automobile insurance company of this decision. Once the clinical information is received we will review this request again and inform you of our decision. If you have any additional information that is pertinent to this decision,please submit it in writing to us at P.O.Box 241323,Denver,CO 80224-9323. THIS LETTER IS NOT A DECISION REGARDING PAYMENT FOR THE ABOVE SERVICE(S). QUESTIONS REGARDING PAYMENT OF INSURANCE BENEFITS SHOULD BE DIRECTED TO THE INSURANCE COMPANY LISTED ABOVE. If we may be of further service, please contact us at 1-800-850-2147. Thank you. Sincerely, Auto Medical Management cc: MORRIS E TILDEN,John Walkusch,Julie Shaked SJ ; k- Hello