HomeMy WebLinkAbout20040830.tiff Date: 30-Mar-02
To: Whom It May Concern
Subject: Repair Shop Operating at
12439 Highway 392
Greeley Colorado
From: Ms. Roberta Feather
Miss Diana Jensen
Miss Carol Jensen
We are currently the owners and occupants of 12435 Highway 392. There are three
houses on a small knoll in a very close proximity to each other. Our house is situated
farthest west facing the shared common driveway. One of these houses is requesting a
permit to operate a vehicle repair shop. This letter is to express our acceptance regarding
the above subject operations. Mr. Walkusch has repeatedly displayed a clean and well-
contained operation that has not affected any of our living conditions. Additionally, Mr.
Walkusch has been solely responsible for the maintenance and repairs of the common
driveway, which accesses all three residences and the repair shop.
If you have any questions, you may contact any one of us at(970) 686-9068.
Respectfully,
Ms. Roberta Feather
Miss Diana Jensen
Miss Carol Jensen
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EXHIBIT
5/k
2004-0830
April 10, 2002
To whom it may concern,
It has come to our attention that our neighbor, Mr. John Walkusch, has applied for a
license to operate a vehicle repair shop at his residence. As one of his only two
neighbors, I would very much like to state my whole-hearted acceptance of this idea. Mr.
Walkusch is a model neighbor, in all respects. His is a thoroughly professional business
operation, always clean and well-maintained. He is always considerate of those of us
living around him. In fact, Mr. Walkusch has assumed responsibility for the ongoing
maintenance of the common driveway we three neighbors use.
In short, I hope you will grant Mr. Walkusch's request for his business permit.
Thank you very much for your time and consideration.
Ted &Leona Myers
12437 Hwy. 392
Greeley, CO 80631
EXHIBIT
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From: Ted Myers Weld County Planning Department
12437 Hwy. 392 GREELEY OFFICE
Greeley, CO 80631
April24, 2003 APR 2 5 2003
To: Weld County Department of Planning Services RECEIVED
1555N. 17t Ave.
Greeley, CO 80631
Re: Case Number USR-1428
Public hearing concerning request of Mr. John Walkusch
I am enclosing a copy of a letter I =tailed to Assistant County Attorney Lee Morrison on 2/24/03
concerning documents previously submitted by John Orth.
I would like to repeat that I am in favor of favorable action on John Walkusch's request for a
permit to operate a vehicle repair business on his property.
Sincerely,
Ted Myers
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EXHIBIT
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From:Ted Myers
Owner of property at 12437 Highway 392, Greeley, CO 80631
To: Lee D.Morrison
Assistant County Attorney
Weld County, Colorado
Date: February 24, 2003
Subject: A Response to the Document Entitled
A Record of Past Events
Pertaining To Mr.&Mrs. John Walkusch
Of 12439 Hwy 392
And Neighbors
John Orth Nov. 16'h 2001
I am responding to the above document to correct several misstatements of fact. I am among the neighbors
referred to in the subject document,and am apparently the"Ken Meyers"referred to. I must preface this
response by saying that I am not a disinterested party but rather my wife and I are friends of John and
Denise Walkusch; we consider them to be very good neighbors and we hold them in affectionate regard.
I also wish to state that I am a committed Christian believer who considers the Lord God to be the ultimate
owner of our property and consider it my responsibility to be a good steward of His in all that I do. As a
believer in Jesus Christ,I am called to be a peacemaker and I intend that everything said in this response be
expressed in His love and that all would reflect His honor and glory.
We(my wife,Leona Myers,and I)purchased our property from Gene R. Ulm and Sandra L.Ulm on
September 1, 1992,before the balance of the property was acquired by Lawrence Hertzke.We are a party
to the agreement of March 31, 1994,in which all four property owners agreed"that said access easement
shall be used and maintained on an equal basis, with all costs of maintenance to be shared equally between
said parties,and all future owners of the above described lands."(emphasis added)Our own verbal
agreement with John Walkusch was that he would do the maintenance work and we would reimburse him
for our share. I had spoken to him about the need to build up the road as it became a mud hole when wet.
So I was not surprised when John and his father began spreading road material.When Gunther(John's
father)presented me with a statement of the cost of the material,I agreed to pay our share later when I had
the cash. I did not object to the amount as I felt it was more than reasonable. I did not pay"under protest"
as Mr. Orth stated.The Finnegan's may have objected,but this could have been due to the fact that Mrs.
Finnegan,for reasons of her own,had developed a hatred for the Walkusch's and could never bring herself
to appreciate anything they did,however neighborly. John has continued to maintain the road to this day
without asking for any reimbursement from anyone. We have a properly maintained access road in all
weather,thanks to John Walkusch.
Concerning Mr. Orth's claim that the Walkusch's were guilty of making"hang up"and obscene phone
calls,I of course have no direct knowledge whether or not they did,but such behavior is totally inconsistent
with my impression of their character.
I,too,objected to the placement of rubber tires in the tail water drainage ditch that runs along our access
road. I felt that the tires would accumulate stagnant water and become breeding places for mosquitoes. I
contacted the County Agent who told me that he had no objection to the tires in the ditch.I think he was
wrong and that it was un-neighborly to leave the tires there.As to the subsequent removal of the tires,I
thought I remembered seeing Mr. and Mrs. Orth removing them and loading them onto a trailer but my
memory may be faulty.
The Finnegan's did not move out of fear for their family's safety.They moved to assume control of a small
trucking firm in southern Colorado.
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I can't directly deny Mr. Orth's accusations of tire slashing,vandalism to a truck and theft of gas,but such
actions are completely out of character for the neighbors I know.
John Walkusch operates a vehicle repair facility for which he has made a faithful and expensive effort to
obtain necessary permits.Mr. Orth single-handedly prevents John from getting the permits and then
criticizes John for operating without them. We are comfortable with John's operation.It is quiet and clean
and John is known far and wide as an honest and competent mechanic. I would encourage Weld County to
give John the permits he seeks.
Mr. Orth continues to make unfounded accusations against the Walkusch's for stealing his tarp.He has
used this as a pretext for building a spite fence blocking the access road that continues north from the
access road to our homes.I resent this fence as I and members of my family like to walk up the field road
to the fence line and then west to the county road. It is a minor inconvenience to walk through the weeds in
the ditch to get around the fence,but an inconvenience none the less,and I fail to see that the fence serves
any constructive purpose. There was recently a vehicle fire on the field road at the north end of the field at
the fence line.The fire trucks from Windsor attempted to reach the fire via our access road,but could not
because of the spite fence and had to turn around and go to WCR 25 to take the access road on the north
edge of Mr.Orth's property. I was hoping this might put pressure on Mr. Orth to remove the fence,but no
such luck.
Mr.Orth now goes on to say that the"Meyers" will not complain because they are afraid of what actions
John might take against us.That this is untrue is obvious from what I have already said.He then says that
we have erected a privacy fence between ourselves and the Walkusch's,apparently implying that this
indicates some resentment of the Walkusch's.Actually this is a fence that we discussed with the
Walkusch's and decided that it would be a desirable addition for both families,enhancing the enjoyment of
our properties—as did the privacy fence we put up on the west side of our property. Denise Walkusch
helped put up the original cedar fence,which we later replaced with a maintenance-free vinyl fence. Mr.
Orth says that"Ken Meyers" (presumably me)changed to an unlisted phone number.We do not and never
have had an unlisted number. Perhaps Mr. Orth is indeed looking in the directory for"Ken Meyers."
Mr. Orth never at any time contacted me to verify any of the statements he has made and never discussed
with me his objections to the activities of the Walkusch's.
I would also like to address points made by Mr.Orth in a document entitled
OBJECTIONS TO A SPECIAL USE PERMIT
FOR A REPAIR BUSINESS AT
JOHN WALKUSCHES
AT 12439 HWY 392
1. I am also one of the families who own the access road to John Walkusch's and I do not object to the
traffic.
2. There is no more of a safety issue in the 90 degree turn in our road that in any town or city intersection.
3. There is plenty of separation between the shop and the neighbors' homes to make a"fire storm"
extremely unlikely.
4. I am not concerned about any lowering of my property values as a result of John's business and I don't
think it is a concern of Mr.Orth's.
5. We have never experienced any theft or vandalism in this immediate area except for that reported by
Mr. Orth.
Mroa
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