HomeMy WebLinkAbout20053818.tiff MEMORANDUM
TO: Lee Morrison 3/10/2005
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COLORADO FROM: Chris Gathman - Planner II ,
SUBJECT: Letter from John Orth re: Walkusch (USR-1428)
This letter was just received from John Orth, The USR-1428 plat has already been recorded.
Mr. Orth was a neighboring property owner and was on the notification list for this application.
He did not show at either the PC or BOCC hearings on this case.
From what I recall, the Board made the determination that this use was not a substantial
change to the existing easement (the other three property owners Mr. Orth mentions indicated
that they had no objections to this use in writing).
Do you wish to respond to Mr. Orth or would you like me to send him a copy of the Board of
County Commissioners resolution and hearing certification?
SERVICE,TEAMWORK,INTEGRITY,QUALITY 9,005-3e10
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Wald County Planning Department
C�?lEl_CY OFFICE
,uinm Orth
MAR 1 P 2005 33062 CR 2.,
: Greeley, CO 80631
Weld County Board of Commissioners
915 10°' Street
Greeley, CO 80632
Re: Commercial Zoning of John Walkusch's property at 12439 Hwy 392
The above residential property is serviced by a long lane that is half owned by Bobbie
Feather who lives in that same group of houses and by myself, because my farm property
adjoins Feathers property where the access lies. There is an access over this lane for the
three families in that immediate area and for myself and my farming equipment. This
access has a four-way agreement for the maintenance of this lane.
This agreement was entered into when all properties were either agricultural or
residential. I believe that to zone one parties' property as commercial and thus increase
the maintenance of the road and the traffic across this access without a written agreement
that will re-distribute the maintenance liability will not be legal.
I believe that for this zoning to be legal and complete, John Walkusch will have to get a
written agreement from the other three parties allowing him the commercial access and
re-distributing the maintenance and upkeep of this access road in an equable manner.
I believe that lacking this agreement will open the commissioners and the county to the
liability of being responsible for incurring costs and liabilities on third non-involved
parties. This issue should be resolved before this zoning progresses any further.
Thank you for the attention given this manner.
Sincerely,
John Orth
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OBJECTIONS .tO A SPLUAL t i a P. -. E
FOR A RFPATR RTTCTNTFcR AT
JOHN WALKUSUtt:S
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. 1 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.
S. 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 eve 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 tam. 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.
Hello