HomeMy WebLinkAbout20020567.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST GARY CARLSON 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, Gary Carlson, VI #0100187, 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 March, 2002, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Gary Carlson, 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 April 12, 2002, to allow adequate time for the property owner to
remove the vehicles from his property and apply for the proper permits.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0100187 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Gary Carlson 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 April 12, 2002, to allow adequate
time for the property owner to remove the vehicles from his property and apply for the proper
permits.
2002-0567
PL0824
CC
VIOLATIONS - VI #0100187 - GARY CARLSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of March, A.D., 2002.
BOARD
RDD OOFO�COUNTY COMMISSIONERS
/�� ,'I s% WELD D�`+�cN�O RADO
ATTEST: � ����� ��`� (L� ��
s \ len aad, Chair
Weld County Clerk to the ri ^dt0�$���
"trail y x
cQ 4 $m avid E. g, Pro-Tem
BY: aid-dr.() �` kle f/'
Deputy Clerk to the Boa•rr% i for / ��
M. J. Geile
VE APPROD AS TO FO A: i Li 7
/ illiam H. erke
p�C�% `�7�7i�
aunty Attorney 9 de #6,
l Robert 5. Masden
21-7
Date of signature: �� •
2002-0567
PL0824
DATE: March 7, 2002
VIOLATION NUMBER: VI-0100187
NAME: Mr. Gary Carlson
ADDRESS: 23600 Blake Street, Johnstown, CO 80534
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Lot 7, Block 2, North Johnstown, Weld County, Colorado
PARCEL NUMBER: 1059-04-0-02-014
CASE SUMMARY
May 14, 2001 Initial complaint received.
June 18, 2001 Additional complaint received.
July 11, 2001 Five day compliance encouragement letter issued.
July 17, 2001 Mr. Carlson called.
July 17, 2001 Received a letter from Mr. Carlson stating no business at his
residence property.
August 15, 2001 An anonymous individual called requesting status of case.
October 01, 2001 Initial inspection completed.
October 22, 2001 An anonymous individual called requesting status of case.
February 12, 2002 A complainant called requesting status of case.
February 19, 2002 I called Sherwin-Williams paint store.
February 20, 2002 Spoke to Sherwin-Williams paint store manager.
February 20, 2002 Property inspected. Property still in violation.
February 20, 2002 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
March 6, 2002 A complainant called requesting status of case.
Currently, there is a violation of Chapter 23, Article III (3) , Division 1, of
Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40 .R and Chapter 29, Article III (3)
of Section 29-3-10 and Chapter 29, Article VIII (8) of Section 29-8-40 of the Weld
County Code.
2002-0567
To bring the property into compliance the property owner shall cease operations
with regards to the paint and restoration shop. Additionally, it was noted the
building permit (BP44303) for the garage is expired. It appears prior to the
final Certificate of Occupancy, the permit became inactive and as a result,
expired.
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.
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Inspection information Sheet
VIOLATION: VI-0100187
--- _ STATUS: ISSUED
DESCRIPTION: Paint/Body shop w/out U: :R **FUMES**
Business w/out USR=Zoning (Bethany)
Building w/out permits =Building (Trudy)
Fumes and air quality issues =Health (Phil Brev er)
BASE INFORMATION:
PARCEL NUMBER: 1059-04-0-02-014
LEGAL DESCRIPTION: 21408-D L6 & SI ' L7 BLK2 N JOHNSTOWN JOHNSTOWN (OUT)
SITUS: 23600 BLAKE ST WELD 80534
OWNER: CARLSON GARY
OCCUPANCY:
LOCATION: 23600 Blake Street North John ,town Sub
APP TYPE: WCV CL SS CODE: VI-6
AGR[ ZONING DIST:
INSPECTIONS:
Item: 00404 TELEPHONE CALL
07/17/2001 By: BJS Action: INFO Comm :Jos: Mr.
Carlson called and left a voice mail (970-2≤ :944).
1 called Mr. Carlson. He stated that he does
paint any vehicles at his residence. When I ' u. i,t
up the issue of the business card in the John (own
paper, he said that happened before he spoke to Roger
(Plans Examiner) who informed him how much money it
would take to run the business from his property. He
stated that he is now leasing property in Fort
Collins for his business site. I then asked him if he
worked on any cars at all at his residence. He said
only his personal vehicles. I asked him to send me a
letter stating everything that we had discussed. He
said that he would be more than happy too.
08/15/2001 By: BJS Action: INFO Comments: An
anonymous caller called requesting information on
this case. They wanted to know what progress was
happening. I explained that Mr. Carlson had stated
that he was not running a business from his
residence. The complainant stated that he was indeed.
I asked the complainant to keep track of events with
dates in a note book. I also asked that if the
opportunity presented itself to take pictures or
video. They said that they would.
10/22/2001 By: BJS Action: INFO Comments:
Another complainant called. She wanted to know if we
were aware of this situation. I explained that we
already had a violation initiated on this property,
but were unable to prove anything. I asked her to try
to keep track of events with dates, she said that she
would start doing so.
02/12/2002 By: BJS Action: INFO Comments: Ms.
Christine Buxman called. She wanted to know what was
happening with this case. I explained that with Mr.
Carlson saying that it was not occurring we could not
prove other wise without evidence. She suggested that
I contact Sherwin Williams Paint Store out of the
Denver area, because they make a weekly stop at Mr.
Carlson's residence bringing supplies. Every Thursday
between 10 and noon.
02/19/2002 By: BJS Action: TELI Comments:
After several phone calls I spoke to Chip Wheeler
(720-560-4676), the delivery driver for Mr. Carlson's
area. As soon as I said Mr. Carlson he said "Fully
Restored Auto Body". I said yes. I explained who I
was and what I had been told by neighbors. He said
that he felt unconfortable giving out information
without asking his supervisor for permission first. I
explained that would be fine and gave him my phone
number. He then said that he had seen a paint booth
in there, but he was sure that it was built to code.
He said he would have his boss (Dave Mundt -
303-458-5311) give me a call tomorrow.
02/20/2002 By: BJS Action: TELI Comments: I
called Mr. Mundt. I explained the situation. He said
that he would need to talk to their attorney before
releasing any information.
02/20/2002 By: BJS Action: TELI Comments: Mr.
Mundt called back and said that their attorney would
not let them release a manifest of items sold without
a subpeona. I asked if I could have him send me an
e-mail just stating that they serviced the area once
a week and not include what types of items he
purchased. He said that sounded fine and I gave him
my e-mail address. He said that he would e-mail it to
me. ********
See e-mail in file. Mr. Mundt could not give any
additional information without a subpeona.
03/06/2002 By: BJS Action: INFO Comments: Ms.
Christine Buxman called. She wanted to know the
status of the case. I explained that we were
scheduled for a Violation Hearing on March 12, 2002 @
1000. She said that she and Darwin would be there.
Item: 00405 LETTER
07/11/2001 By: BJS Action: NO Comments: Sent
5 day compliance encouragement letter.
07/17/2001 By: BJS Action: LET Comments: Mr.
Carlson dropped off a handwritten note stating that
no business on site.
02.'20/2002 By: BJS Action: HR Comments:
Violation Hearing Notification was issued (certified
- 03/12/02 @ 1000)
02/20/2002 By: BJS Action: INFO Comments:
Received e-mail from Sherwin-Williams regarding
releasable information.
02/25/2002 By: BJS Action: INFO Comments:
Forwarded copy of Violation Hearing Notification to
Mr. Jim Young, President of Johnstown Fire Department
(via fax).
Item: 00400 SITE INSPECTION
10/01/2001 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: several vehicles were parked;
however, they all appeared to have current tags and
be in running condition. Some of them were primed
(ready to be painted).
02/20/2002 By: BJS Action: INSP Comments: Toni
Potter, Electrical Inspector conducted a site
inspection. No notations. Decided not to go on site,
because no existing permit.
Item: 00406 OFFICE VISIT
07/17/2001 By: BJS Action: INFO Comments: Mr.
Carlson left his new business card with the Fort
Collins address and a little note stating that he did
not have a business at his residence. I was in a
Planning Commission Hearing for another case.
•43
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FAX TRANSMISSION
WELD COUNTY PLANNING OFFICES
WEBSITE: WWW.CO.WELD.CO.US
E-MAIL:BSALZMAN@CO.WELD.CO.IS
1555 NORTH I 7TH AVENUE
GREELEY, CO 8063 I
(970)353-6 100 ErT. 3540
FAx: (970)304-6498
To: Jim Young Date: February 25, 2002
Fax#: 970-587-0324 Pages: 3, including this cover sheet.
From: Bethany Salzman, Zoning Compliance
Subject: Illegal Paint Shop
COMMENTS:
Please see the following letter sent to Mr. Carlson, scheduling him for a violation hearing before
our Board of County Commissioners. If you have any questions or want to attend, please give
me a call at the above phone number.
Thanks,
Bethany Salzman
Zoning Compliance Officer
DEPARTMENT OF PLANNING SERVICES
C Code Compliance Division
ip 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
February 20, 2002
Mr. Gary Carlson
do Fully Restored Auto Body
23600 Blake Street
Johnstown, CO 80534
Subject: VI-0100187, Lot 7, Block 2, North Johnstown, Weld County, Colorado
Dear Mr. Carlson:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on March 12, 2002, 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 23-3-40 "Uses by special review."
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.
PUD development proposals shall not be permitted to use the special review permit process to develop."
To bring the property into compliance the following option(s) are available:
The "Fully Restored Auto Body" paint and restoration shop shall cease to operate at the above location. A
Commercial and/or Industrial use is not a use allowed in a recorded subdivision. Additionally,please be advised
that this case has been forward to the Health Department,Fire Department and Department of Building Inspections.
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 recommencing that the Board of County Con_.,issioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records I. clicate that
you were mace aware of the nature of the violation includin'z the action necessary to correct the violation, and
that you were given ufficient time to remedy this violation. ;r you have any questions concerning this matter,
please cail me.
Mr. Carlson
Page 2
Sincerely,
Bethany Salzma�
Zoning Compliance Officer
pc: VI-0100187
Trudy Halsey, Building Compliance Officer
Phil Brewer, Public Health and Environment, Air Quality Control
Jim Young, President, Johnstown Fire Department
Department of Planning Services
Bruce Barker, County Attorney
SERVICE.TEAMWORK.INTEGRITY QUALITY
Bethany salzman - (no subject) Page 1
From: <DaveinDenv@aol.com>
To: <Bsalzman@co.weld.co.us>
Date: 02/20/2002 1:42 PM
M
Subject: (no subject)
To: Bethany Salzman
I had told you I would pass on information concerning our regular call
frequency to the account in Weld County. Our attorney has told me that this
would fall under the privacy to our customers and that I'm not to release any
of this type of information without a subpoena. My corporate attorney's name
is David Tocci. He said you're welcome to give him a call anytime
216-566-2492.
If you have any other questions, please feel free to give me a call at
303-458-5311 and I'll do my best to get you an answer. We need to respect
our customers privacy but will coorperate as best we can.
David Mundt
Branch Operations Manager
The Sherwin Williams Automotive Finishes Corp.
450 West 42nd Ave.
Denver, CO 80216
rest
DEPARTMENT OF PLANNING SERVICES
CO Code Compliance Division
WWW.CO.WELD.CO.LS
E-mail Address: bsalzman@co.weld.co.us
• 1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
February 20, 2002
Mr. Gary Carlson
do Fully Restored Auto Body
23600 Blake Street
Johnstown, CO 80534
Subject: VI-0100187, Lot 7, Block 2, North Johnstown, Weld County, Colorado
Dear Mr. Carlson:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on March 12, 2002, 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 III, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
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.
PUD development proposals shall not be permitted to use the special review permit process to develop."
To bring the property into compliance the following option(s) are'available:
The "Fully Restored Auto Body" paint and restoration shop shall cease to operate at the above location. A
Commercial and/or Industrial use is not a use allowed in a recorded subdivision. Additionally,please be advised
that this case has been forward to the Health Department,Fire Department and Department of Building Inspections.
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 Depart:- ,nt of Planning Services' start will he recommending That the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that
of were mace aware or the n..c ire or He ioiation in< iu nu t a.c,' on necessary ro correct the (.iz,tion, and
at ,vou .ye given sufficient time to remedy mis viol on. ')c Have any It estions concerning this matter.
;..ease call me.
Mr. Carlson
Page2
Sincerely, P 359 570 742
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mail(See reverse,
•
Bethany Salzma Sent to
Zoning Compliance Officer !MR. GARY CARLSON
Street&Number
23600 BLAKE STREET
pc: VI-0100187 Pas[Office,Slate,&ZIP Code
Trudy Halsey, Building Compliance Officer Postage
WN. CO 805_x_
Phil Brewer, Public Health and Environment, Air Quality Control
Jim Young, President, Johnstown Fire Department (Certified Fee
Department of Planning Services
Bruce Barker, County Attorney Special Delivery Fee
Resincted Delivery Fee
N
rn Whom Receipt Showing to
Whom&Date Delivered
is. Return Receipt Showing to Whom,
< Date,&Addressee's Address
t7
0 TOTAL Postage&Fees $
O3
EPostmark or Date
LL
rn
a
C•M-LETE TH/S SECT( N CAM•CETE THIS SECTUN IN �EL/VE•Y
■ Complete items 1,2, and 3.Also complete A. Received by(Please Pant Clearl84y) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse C. Si‘.14,21 L
so that we can return the card to you. tune
'•'�c �
■ Attach this card to the back of the mailpiece, X :
or on the front if space permits. X / - 0 Agent
1. Article Addressed to: Addressee
D. Is delivery address different from item 1? IDYes
If YES,enter delivery address below: 0 No
MR. GARY CARLSON
C/0 FULLY RESTORED AUTO BODY
23600 BLAKE STREET
JOHNSTOWN, CO 80534
3. Service Type
X))Certifed Mail ❑Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee)
2. Article Number(Copy from service label) Yes
P 359 570 742
PS Form 3811,July 1999
Domestic Return Receipt
102595-99-M-1189
•Er&V.CE.r_,VlWCRK.WTEORITY.,)UAL:TY
Gary S. CarIion(���
1400-A E Ore Ct. Owner/Operator
Fart Cain,CO 80524 #.0
rho=89701493-4018
e-mll Stew fiiMrodaredONtet Ca(9701227-5944
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD,CO,US
E-mail Address: bsalzman@co.weld,co.us
WAD es
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
July 11, 2001
Mr. Gary Carlson
23600 Blake Street
Johnstown, CO 80534
Subject: VI-0100187, Lot 7, Blk 2, North Johnstown, Weld County, Colorado
Dear Mr. Carlson:
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 paint and body shop without a Use by Special Review permit. In order to operate a business within
Weld County a Use by Special Review permit is required. They can be obtained through our office. I would
suggest that you speak to one of our"On-Call Planners" (Monday or Friday 12:00 p.m.-4:00 p.m. or Tuesday-
Thursday 7:30 a,m.-4:00 p.m.). Individuals are taken on a sign in basis (No appointments). They will be able
to explain the application process and what is required to complete the process.
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 Salzman
Zoning Compliance Office
pc: VI-0100187
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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DEPARTMENT OF PLANNING SERVICES
( \' '
Code Compliance Division
C \' V. 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:
X ZONING CODE COMPLAINT ❑ Staff/Name: Citizen ❑ Other.
X HEALTH DEPARTMENT Citizen's Name(If known): /1'{�cflk-t('9 y(yYt�C
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):`'' e)./1. 1 3 . tt--F("\
X BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: U2\\r'+\c\
Pending Case#(i.e.USR,RE, SE,ect...):
Legal Description: lacf'. !_`( , tCn) -' ak11;"k A`s(-t Parcel#: U, -P4 O-•t •fOIA
Violation Address: -)iN Irf CS\cit Q V` .
Property Owners Name: (t C'alrlcrn Phone:
Property Owners Address: Zb£)ltC rUlor) , C i " k_1 }CM j1
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: CRN,(-eV e, RThird1 1 1(` ,t) 1 ��(�_I-x I ti
Complaint Referred To: Date: 1_1.7 `.),
Complaint Referred To: Date:
Additional Notes:
SENT BY: GROUP PUBLISHING; 9706691994; JUN-18- 2:20PM; PAGE 1 /1
Group Publishing, Inc.
1.515 Cascade Ave., Loveland, Colorado 80538
Phone: 1-970-669-3836
Fax: 1-970-669-1994
TRANSMITTAL COVER SHEET
TO; BETHANY SALZMAN
CJMYAN Y: Weld County Zoning Conunission
FAX NUMBER: 970-304-6498
PROM: Christine Buxman
'There is/are 1 page(s)in this transmission—including the cover page.
NOTE:
June 18, 2001
Dear Bethany,
Just checking back with you re: the two properties I mentioned in my last FAX to you dated
May 14a'
RE: Christine Trujillo at 8047 WCR 48-1/2 in Johnstown.The dump truck has been gone for about 2
weeks now. I'm assuming they received a letter/call from you. Thanks! (Has this been resolved?)
RF:Gary Carlson at 23600 Blake St.,Johnstown. My husband says Gary's still running his body shop
operation (full steam ahead!),This one is probably of the most concern to us because of the paint fumes and toxins
so close to our home. As 1 mentioned in my earlier FAX to you; my husband suffers from chronic pulmonary
disease and this business poses serious health risks for him. Not to mention our neighborhood is NOT zoned for
business.Please shut this guy down!
Bethany, please let me know what progress you're making;or if we might expect to make a court
appearance before the zoning compliance board. We'd be glad to do so.
Please call me at 970-292-2499(Work); or 970-587-2046(Home)and advise us of your progress.Thanks so
much for all you're doing on our behalf.The neighborhood appreciates your effort;
r ��
SENT BY: GROUP PUBLISHING; 9706691994; MAY-14 ^1 2:52PM; PAGE 1 /1
Fax Message
to: e-imarnl\ S>L1-r ,ZLvkA1 ,
( .(Jl� le
company: �/ �L�(� (�-r11� { ft�` ,�34 ,'`ip � r ,a �i �',
fax*. l�.G — 3b�— 6141 g 'pp:y _ ,
,,,k4:‘,11, 4,v .ATe ;
from: c Publishing Inc. �a
at:970-669-3836 ext. 42M r Q{ ££81'ZU4( Helping Church Leaders Change Lives'
Please call if you have problems with this transmission.
1515 Cascade Avenue
page 1 of_t_pages P.O. Box 481
Loveland, CO 80539.0481
-171,111 '4I ' (970) 669.3836
Group FAX: (970) 669-1994
www.grouppvhlishing.com
adi 4/3 j,(,A.2-,
Gary S,Carlson �/
Phone: (970)587-4275 23600 Blake St. 6V"' in-Z*O ,/'�JJ"'"' A //
Cell: (970)227-5944 Johnstown,comma
7 12 n 7 Mike /7
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1111111 IIIII 1111111 II IIIIIIII III 1111111 III IIIII IIII IIII
217S3SS1 057/301/20:15.5 04:24P JA Suki Tsukamoto
1 of 1 R .0 0 Weld County C0
WARRANTY DEED
THIS DEED, Made this 28th day of July , 2000, in
between Jerry L. Eldred and Olivia Eldred
of the County of Weld and State of Colorado ,
grantor,and Gary S. Carlson
bbC ite.,A15•So
whose legal address is 23600 Blake Street, Johnstown, CO 80534
of the county of Weld and State of Colorado ,grantee:
WITNESSETH.That the grantor,for and in consideration of the sum of ONE HUNDRED FIFTY FIVE
THOUSAND AND NO/100
DOLLARS,($155, 000.00 ).
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever,all the real property together with
improvements, if any, situate, lying and being in the County of Weld , and State of Colorado,
described as follows:
All of Lot 6, and the South 10 feet of Lot 7,
Block 2,
North Johnstown,
County of Weld, State of Colorado
also known by street and number as 23600 Blake Street, Johnstown, CO 80534
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining. and
the reversion and reversions,remainder and remainders,rents, issues and profits thereof, and all the estate,right,title,interest,
claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee,his
heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the grantee, his heirs and assigns,that at the time 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
fee simple, and has good right, full power and lawful authority to grant,bargain,sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due or
payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS WHE OF.the grantor has executed this deed on the da et'forth above.
gaiLj ti--e8tero(A, L.L. Ell, d Olivia Eldred
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before methis 28th day of July , 2000 by
Jerry L. Eldred and Olivia Eldred
My Commission expires: July 9, 20 t,, ' '--• Witness my hand and official seal.
f1oTg9` _t
.:�r�,/... .".914.411-
9 ,3'.. Notary Pubis-
0 lc 1 Robyn D rcug ty
WARRANTY DEED(for Photographic Record)pass'. IP ,', `� 7 • File 8 00198i8AW
616. "�°RA f>D ../
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March 12, 2002
TO : The Zoning Board of Weld County
Here are the grievances we have against Gary S . Carlson, owner of
the "Fully Restored Auto Body" (auto body and paint shop) at his
home : 23600 Blake Street, Johnstown, Colorado .
*Our neighborhood is NOT zoned for industrial/commercial use. He IS
running an auto body and paint shop at his home, in our neighborhood .
We didn ' t buy our home ten years ago in an industrial area , and we
don ' t want to live in one now.
" The auto body and paint shop Gary Carlson is running is emitting paint
fumes , toxic dust, fiberglass dust and fumes into our neighborhood .
This creates a health hazard for all the neighbors .
*Gary Carlson has never gotten the required permit to complete the
body shop or the legal EPA required emission equipment necessary for
body and paint shops .
*Sherwin Williams Paint Store delivers paint to his home every Thursday
Ay morning in a truck that comes up from Denver . If he was just painting
his own, personal cars , why does he require delivery every week from
Denver? And transporting the paint every week to his supposed shop in
Ft . Collins doesn ' t make sense . Why not just have the paint delivered
to Ft . Collins?
*Kids in in our neighborhood ( including Gary ' s kids ) are at a health
risk as they play in their backyards .
*Darwin% and Tom Chesnut (our neighbor to the north) are especially at
a health risk from Gary Carlson ' s paint and dust emissions ; as both
have chronic pulmonary diseases . Both are especially sensitive to fumes
and toxins . Tom is on oxygen all the time.
*All the cars ( in various stages of being wrecked and needing repair )
IC which have been parked in front of his house; and lining his driveway
are an eyesore in the neighborhood and decreasing property values .
*His utility bill for 2001 was three times higher than ours . We run
two freezers and two refrigerators , HOw does he explain the increased
electricity usage?
*We filed our inital complaint against Gary ' s auto body and paint shop
in May 2001 (after we saw his advertisement in the Johnstown weekly
paper ) . He has many chances in the past year to do the right thing
and stop conducting business at his illegal auto body and paint shop.
But, he has refused to stop and do the right thing. HE still is .
He has an excuse and lie for every legitimate charge . He ' s like the
kid caught with his hand in the cookie jar. His response is : What
cookie jar? This isn ' t really a cookie jar !
Thank you for your prompt attention and resolution of these complaints .
F7
'I IT q L l<<y , '1jl j.> /: \`/)L41 i flex >'`i�� >2 5141 fser II
Sf�
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Fax{� Message
to: 86Il4AN\ Sk.ZAAAJV
company: COG/A4 ji 741/UW6T C-.eM 1YY1 ,
fax : h1lO - 304-- &41e"from: ( - f -14'(IN BL,1 ttti1
at:970.669-3836 ext. 4z6919 cnt 6&')-Z04&
Please call if you have problems with this transmission.
page 1 of—pages
Y Reti red
es c-----x
0/47-4 ,A27.4,,& (Mt— C)111-1-4--
Gary S.Carlson
aSt. L/ q �, /l7t- /1ZPhone: (970)587-4275 rchemerfOpp_r_a_tor_
23800 Blake St. U . ,11�///_� '/i�Ci!/-�Cell: (970)227-5944own,CO 80534 ��
12
n Millikei (MA /111 Jr ' 1ju�ll -2 I/
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#tzniti d'IzL4'1 "" /1Mill riVILfri -e-e.,exAoe47, ei-e-e-t-ca--
ti" jlty AA- 8a4.1 w
WILLIAM LOPEZ, JR., M.D., P.C.
DIPLOMATE OF THE BOARD OF
INTERNAL MEDICINE
PAM SHUBIN, F.N.P.
NURSE PRACTITIONER
September 11,2000
Re. Darwin D. Burman
DOB: 10-10-52
To Whom It May Concern:
Enclosed is a copy of medical records for Mr.Bucksman since he initiated care through my internal medicine office
on July 28, 2000. I clearly support his efforts at obtaining disability support as he is unable to work and I do not
believe he will be able to work in the future. He has a chronic persisting pulmonary illness,characterized by a very
heavy production of large quantities of purulent-appearing sputum. He has had previous bronchoscopies and workups
through Mayo Clinic as well as with two local pulmonary specialists and has also been seen at National Jewish
Hospital. His diagnosis should be described as chronic.bronchitis/bronchiectasis. He has had Staphylococcus aureus
andAspergilhts cultured from his sputum. These have not been consistent and it appears that the best we can offer
this gentleman is intermittent use of antibiotics and regular pulmonary toilet. At rest, he does oxygenate himself
appropriately,but has very little tolerance for exertion. Tuberculosis and immunodeficiency virus infection have been
excluded. He is becoming progressively chronically ill with loss of muscle mass and easy fatigability with minimal
exertion.
Most sincerely,
William Lopez,Jr.,M.D. •
WL/jh
de
Encl.
D: 09-11-00
T: 09.12-00
cc: Christine Buxman
STUART PROFESSIONAL PARK • 1136 E.STUART,#2140 • FORT COLLINS,COLORADO 80525 • (970)221-3782 • FAX(970)221-3824
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