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Home My WebLink About20023304.tiff • FAX TRANSMISSION I„ WELD COUNTY ��/// II" OF PLANNING SERVICES FAX: 970-304-6498 PHONE: 970-353-6100, EXT. 3540 WIIDc. COLORADO To: John Hochmiller Date: April 19, 2002 Fax: 303-536-9865 Pages: 5 Phone: From: Sheri Lockman Subject: Collateral for site clean-up COMMENTS: At your request Weld County Department of Environmental Health inspected your site on April 4, 2002. The Health Department found that the waste material and debris had not been removed from the site. (See the attached memo) Upon removal of the material, please request another site inspection. Please have receipts available for review at the time of the site inspection. Thank you for your cooperation. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged. confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. e-e-aaW 024? -33C e/ yarao w AZ /52k • • MEMORANDUM is‘-m(74 -010int ‘iir TO: SHERI LiOCKMAN, PLANNING SERVICES FROM: CINDI EitEIEVERRY, ENV. HEALTH SERVICES SUBJECT:USR-1323 - JOHN HOCHMILLER, ACTIVE TRUCK O 11 DATE: 04/18/2002 • CC: BETHANY SALZMAN, ZONING COMPLIANCE COLORADO TREVOR JIRICEK, DIRECTOR, ENV. SERVICES On April 4, 2002, Bethany Salzman and I inspected Mr. Hochmillers facility. This inspection was requested from you, to confirm, that Active Truck has removed all waste materials and other debris (pallets, paint buckets, derelict furniture, wood wastes, and other miscellaneous debris), in accordance with Condition of Approval number 2.D. of Use by Special Review Permit number 1323. As you can see from the attached photos, Mr. Hochmiller has not removed the above-mentioned materials. Environmental Health Services suggests that when Mr. Hochmiller removes the materials, that receipts be provided for our review, to show the materials have been disposed of appropriately. If you have any questions concerning this memo or our inspection, please let me know. I can be reached at extension 2220. O,ETCHVIncidenl\Hacnmuler savage ysCV020418inso doc Cindi Etcheverry - MVC-003S.JPG Page 1 • • s �y .. „a' �"�w, r. ..,J' . X .". 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Send original via USMail to: Kim Schuett Office of the Clerk to the Board 915 109' Street, 3rd Floor Greeley, CO 80631 Wth receipt of this document, the Improvements Agreement including collateral will be scheduled before the Board of County Commissioners. If you are able to do this today, this item will be scheduled on Wednesday November 14, 2001. You do not need to be present. If you need any further information, please feel free to contact me at the above telephone number or e- mail address. CONFIDENTIAL. This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. i • Financial Institution's Letter of Credit and must show the Date and Number of the Letter of Credit. The Issuing Financial Institution hereby agrees to honor each draft drawn under and in compliance with the terms of this Letter of Credit, if duly presented (together with the documents specified) to the Issuing Financial Institution on or before the close of business on the Expiration Date stated above. Said Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent to by certified mail to the Clerk of the Board of County Commissioners. Unless other wise expressly stated, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credit(1983 Revision), International Chamber of Commerce Brochure No. 400, and, where not inconsistent therewith, to Article Five of the Uniform Commercial Code of the state of principal office of the Issuing Financial Institution. Unless otherwise expressly stated above, only original documents will be accepted. No reproductions or carbon copies may be substituted for originals. This Letter of Credit is not valid or binding unless signed by two officers of the Issuing Financial Institution. Sincerely, Bank of Colorado B4On. Donald Tomoi President-Fort Lupton By: // Jef e zke Vice President • • ‘7" MEMORANDUM WI`D� TO: Board of County Commissioners COLORADO. DATE: November 6, 2001 FROM: Kim Ogle, Planner III 1O' SUBJECT: Acceptance of Irrevocable Letter of Credit John and Eleanor Hochmiller Living Trust Active Truck & Auto Parts, Inc. Case number USR 1311 The Department of Planning Services has reviewed the Improvements Agreement according to policies regarding collateral for Improvements (Private Road Maintenance) and the estimated cost appears to be adequate for the non-transportation portion of the agreement, specifically for on-site clean-up of the premises located at 19460 Weld County Road 28, Hudson. The Department of Planning Services' has determined that the amount of the agreement will be sufficient to complete the work required and recommends acceptance of this Letter (Bank of Colorado, Irrevocable Letter of Credit # 86, dated September 27, 2001). Items covered under this letter of credit include: Site Clean-up November 2001 $ 5000.00 The Weld County Attorney and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the work required for property located at and the Department of Planning Services recommends acceptance of this Irrevocable Letter of Credit. SERVICE,TEAMWORK,INTEGRITY,QUALITY WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 Weld County ng Dept GREELEY, CO 80632 ' UntY Plannl WEBSITE: www.co.weld.co.us CPHONE: (970) 336-7235 C Lay a �,� i FAX: (970) 352-0242 COLORADO RECEIVED November 2, 2001 John R. Dent, Esq. 332 Denver Avenue P.O. Box 333 Fort Lupton, CO 80621 Re: Letter of October 25, 2001, Alleging Lack of Enforcement of the Zoning Chapter of the Weld County Code Dear John: I have received your letter of October 25, 2001, which alleges that the Weld County Department of Planning Services has not responded to requests for enforcement of the Zoning Chapter of the Weld County Code on properties adjacent to or within close proximity to property owned by John E. and Eleanor Hochmiller. I intend to send a copy of this letter and a copy of your October 25, 2001, letter, to Ms. Monica Mika-Daniels, Planning Director, for follow-up. I will ask that she contact me as soon as possible with answers to your concerns so that we may respond in writing. If you should have any questions or wish to discuss the matter further, please feel free to call me at (970) 356-4000, ext. 4390. Sinceely,j-'4 c r' ,---- --Bruce T. Barker Weld County Attorney Enc. pc: Monica Mika-Daniels Glenn Vaad • LAW OFFICE OF JOHN R. DENT, P.C. 332 Denver Avenue Phone:(303) 857-4667 P.O.Box #333 Metro: (303)659-2028 Fort Lupton,CO 80621 Fax: (303) 857-2467 October 25, 2001 OCT 3 1 2001 ' U V4JELD COUNTY Mr. Bruce Barker ATTORNEY'S OFFICE Weld County Attorney 915 10th Greeley, CO 80631 RE: SELECTIVE ENFORCEMENT COMPLAINT RELATIVE TO ZONING Dear Mr. Barker: I represent John E. and Eleanor Hochmiller, who are the owners of Active Truck Sales and Parts, Inc. in Hudson, Colorado. Mr. and Mrs. Hochmiller have come to me extremely upset about the lack of enforcement with respect to Weld County's Zoning Ordinance relative to numerous complaints that the Hochmillers have lodged regarding other commercial operations in and around Hudson. The Hochmillers run a very successful business and have endeavored to cooperate as required with all requirements relative to their property. They recently, after a years worth of struggle, finally obtained a Building Permit to erect an additional building on their facility. They have meticulously attempted to comply with every hoop that the County has required them to jump through in connection with that Building Permit Application. However, the Hochmillers are extremely frustrated and angry about the fact that there are numerous other businesses, some even next door to them, who are not being required to play by the same rules. For instance, Hudson Salvage which is a neighbor of Active Truck Sales and Parts in Hudson, has 2 or 3 mobile homes on that property with families living in them which isn't permitted in their zone classification. Hudson Salvage has allowed an apartment to be built on the top of a shop without a Building Permit to the best of Hochmiller's knowledge. There is possibly no septic system to serve the families that are living there, They occasionally allow tires or oils to be burned on their property. Despite the Hochmiller's repeated complaints, there has been no apparent enforcement action relative to the Hudson Salvage property, that the Hochmillers have observed. Additionally, property owned by Tire Mountain is being rented to someone who is selling Jeep parts and it is questionable whether or not they are in compliance with the Zoning Ordinance. • There is another operation, operated by a Lupe Chavez, who is building and selling rock boxes, i.e. large truck bodies, on an agriculturally zoned property. These are only some of the examples cited by the Hochmillers. Hochmillers have called and complained to Weld County Planning Department regarding each of these situations and yet to their knowledge, no action of any kind has been taken. This is a situation which is unfair and anti-competitive. The Hochmillers have no objection to playing by the rules but they strongly believe that everyone else should play by the same set of rules and if the County is going to enforce those rules they should do so across the board, rather than singling out the Hochmillers because they are successful or because they attempt to play the game by the rules. We would call upon you to review the situation with respect to enforcement of the Zoning Ordinances and would request that you specifically provide for some follow-up with respect to complaints made relative to zoning violations. Your attention to this will be appreciated. Sinc/ 9, /John R. Dent �� JRD:br A ,f,,,,z_ v cc: John E. and Eleanor Hochmiller • • MEMORANDUM To: Monica Mika-Daniels November 5, 2001 From: Bethany Salzman, Zoning Compliance Officer COLORADO Subject: Response to letter from John R.Dent (received 11/05/01) Please see the following cases mentioned by Mr. Dent in his letter to Mr. Bruce Barker,dated October 25, 2001.: 1.) Hudson Salvage: Status: They submitted documentation on February 6,2001, indicating that the use was indeed there prior to 1968,thus making it a Nonconforming Use. Additionally,their records show a mobile home being located on the property prior to 1968. 2.) Tire Mountain: Status: Neither Mr. Hochmiller Sr. or Mr. Hochmiller Jr. have mentioned a violation regarding Tire Mountain. I am aware, however, of the violation by personal knowledge and will be initiating the violation process shortly. 3.) Lupe Chavez (VI-0100124): Status: This violation is already at the County Attorney's Office awaiting legal proceedings. It was presented to the Board of County Commissioners on September 11, 2001 through a violation hearing. Mr. Hochmiller had previously indicated that he wanted to remain anonymous on all of his violations; therefore, I have not kept him advised of any progress regarding these cases. Mr. Dent also indicated that this was "only some of the examples cited by the Hochmillers". The only violations that Mr.Hochmiller Sr.or Mr. Hochmiller Jr.have ever brought to my attention are the above mentioned (Hudson Salvage and Lupe Chavez). SERVICE,TEAMWORK,INTEGRITY.QUALITY Hello