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Home My WebLink About20043300.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0100304 AGAINST HAIKO AND MONIKA EICHLER 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, Haiko and Monika Eichler, VI#0100304, 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 14th day of December, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Haiko and Monika Eichler were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Haiko and Monika Eichler 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. 2004-3300 PL0824 VIOLATIONS -VI #0100304 - HAIKO AND MONIKA EICHLER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 2004. �� S BOARD OF COUNTY COMMISSIONERS /J WITY, COLORADO Robert D. Masden, Chair ,� ''lr-r • ,it., erk to the Board • ( ; �\1 if EXCUSED D� William H. rke, Pro-Tern CJ BY: Deputy Clerk to the Board eile D AS T EXCUSED David Long." � unty At ode Q,�,� (///// Glenn Vaad Date of signature: 2004-3300 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Haiko and Monika Eichler Violation: VI-0100304 Address: 18680 CR 3, Berthoud, CO 80513 Legal: Lot B of RE-313 also known as part of the NW4 of Section 32, T4N, R68W of the 6`" P.M., Weld County, Colorado Location: East of and adjacent to CR 3 North: Agricultural Zoning with homes South: Agricultural Zoning with homes East: Agricultural Zoning with homes West: Agricultural Zoning with homes Parcel Number: 1061-32-0-00-063 Acreage: 39.74 +/-Acres Certified mail date: November 30, 2004 Received: December 3, 2004 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-20.A, 23-3-30 and 23-3-30.F and Chapter 23, Article IV(4), Division 3 of Section 23-4-130. REMEDY To bring the property into compliance a Recorded Exemption application can be completed and submitted to the Department of Planning Services to split the property or the mobile home will need to be removed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY October 17, 2001 Initial complaint received. October 26, 2001 Initial inspection completed. November 5, 2001 Five day compliance encouragement letter issued. November 5, 2001 Wendi Inloes sent letter denying ZPMH-1023. November 5, 2001 Hearing conducted before Board of County Commissioners regarding a proposed second Accessory to the Farm mobile home (ZPMH-2289). ZPMH-2289 was denied. November 19, 2001 Letter with supporting documentation received from Mr. Eichler. 07ocY- co Mr.&Mrs.Eichler Page 2,VI.0100304 December 13, 2001 Letter of opposition received from surrounding property owner. January 16, 2002 Violation letter issued. January 23, 2002 Letter sent to surrounding neighbor regarding their opposition. February 22, 2002 Mr. Eichler wrote a letter regarding his Home Occupation. February 26, 2002 Mr. Eichler wrote a letter regarding crops. April 19, 2002 Letter sent to Mr. Eichler regarding several aspects of the violation. May 26, 2004 Wendi Inloes sent letter regarding renewal of ZPMH-1023. July 8, 2004 Mr. Eichler wrote a letter regarding his"Work for Hire". September 30, 2004 Wendi Inloes sent letter denying ZPMH-1023. November 22, 2004 Property inspected. Property remains in violation. November 30, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. • ei DEPARTMENT OF PLANNING SERVICES K Code Compliance Division W W W:CO.W ELD.CO.US I E-mail Address: bsalzman@co.weld.co.us WI I D 918 10th Street, Greeley, CO 80631 C. Phone (970) 353-6100, Ext. 3555 Fax (970)304-6498 COLORADO November 30, 2004 Mr. & Mrs. Haiko Eichler 18680 CR 3 Berthoud, CO 80513 Subject: VI-0100304, Part of the NW4 of Section 32,T4N, R68W of the 6th P.M.,Weld County, Colorado Dear Mr. &Mrs. Harris: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on December 14,2004, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains 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 23-3-20.A "One (1) Single-Family Dwelling Unit and Auxiliary Quarters per Legal Lot." Section 23-3-30 "Accessory uses." Section 23-3-30.F "MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter." Chapter 23, Article IV, Div 3 "Mobile Homes" Section 23-4-130 "No MOBILE HOME may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit for a MOBILE HOME required by this Division shall include the following:" To bring the property into compliance: As previously indicated via letter (dated September 30, 2004), staff determined the mobile home(previously permitted through ZPMH-1023)did not meet the criteria for re- justification of an Accessory to the Farm, However, during a visual inspection from the road right-of-way, it was noted that the mobile home remains located on the property. In order to maintain the mobile home as a dwelling unit, a Recorded Exemption application to split the lot into 2 (two) separate buildable lots shall be completed and submitted to the Department of Planning Services. Otherwise, in order to store the mobile home on the property, a Zoning Permit for Temporary Storage shall be completed and submitted to the Department of Planning Services. This application would only allow the mobile home to remain on the property for 6 (six) months. The mobile home would then need to be removed. Mr.&Mrs.Eichler Page 2,VI-0100304 This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center,91510th 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 and/or pictures 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. Sincerely, (batrtiktpalr Bethany Salzma c , .s C s § Zoning Compliance Officer a — a)m o m a s o z m > a pc: VI-0100304 o g ZPMH-1023 = s Wendi Inloes, Planning Technician �, m m i. g -n Department of Planning Services S E H 8 Cr m E o 4. Bruce Barker, County Attorney m a 2 d Loa Z ¢ U 1 W Uiz 000 03 - U.S. Postal Service,. n %. " m d _ I co 59 CERTIFIED MAIL,, RECEIPT a ° d 8.$ o 0 CU (Domestic Mail Only;No Insurance Coverage Provided) a P. ✓ > JJ d d e m D o Q' w .m V .o w 5 �' c y CI 5 F r slivery mt rmati n visa ur we•site at www.us s c m, o a .Z x } n g > 43 -) r w:, LI h A qs) -" I"�. ° et co d vi 0 a tm E Postage $43 r9 ru m CI Certified Fee o o O m _m a g O Return Reclept Fee Postmark m Ln M1 (Endorsement Required) Here a > .n , Restricted Delivery Fee E Z m m �" O (Endorsement Required) ti. m.y« "m r7 , P9 U o, CO r0$ 0Total Postage&Fees $ v Q to m 9 - m H cn O -gent To c.>D m m E' W 'n . r `sirMi Aa_&JIR$-t. _EACJLLER w o'a 9 z 0 H co g $ 'x40,1440. -a c a 4 l8_fi&Q CR 3 '— m mm Q m s x o in City,State,ZIP+4 ry m r2 m .-p = mi 0 _e O BERTHOUD Co 80513 d h w H ^ ,0 u ct o e rn n E PS Form 3000,June 2002 See Reverse for Instructions - m C m m.`r- d e4 0 = d— j 3 t m y r' CJ 0 z Q TO- . 6R > 'a.F.L-' am ,b O rL1 Z (h EEc £ W p v CO 0 e W U ma t0 o•2 `o Q a4• m W Q ^ - ui • • • Z '1 m ni CO Weld County Department of Planning Services WIIDc. Inspection Report leCOLORADO 918 1 St ` Greeley, CO 80631 e of Inspection: 22-D-1 /, \— 2-D 1 mit/Case No.: V t 1:CcWt perty Owner Name: \C hltr ‘Aai Vt tt P u tress: \ LP ≤C) C9-1 , m a(visual)(on-site) inspection of the property listed above,the following items e noted: `(�QQ1I2 l e N2 Cf .Y` t ru` t \ccaVO t Yl 41lLQ-_ 0rzp )ection by:-1:35) Contact Name:— t itact Phone Number: 970-353-6100,Ext. 3555 :y of this inspection was: cores taken during inspection: XYes O No a 4114 DEPARTMENT OF PLANN ING SERVICES WI I PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 WEBS : www.co.weld.co.us DC• 918 10th REET GREE EIYECOLORADO T 80631 COLORADO • September 30, 2004 Haiko Eichler 18680 CR 3 Berthoud, CO 80513 RE: ZPMH-1023 - Mobile Home used as a temporary accessory to the farm. Dear Mr. Eichler: I apologize for the delay of this letter,as 1 have been out of the office for three months. Planning staff met to discuss the renewal of your permit, and has denied this request, due to the size of the parcel and lack of information as to the duties of the occupant. Should you choose to appeal this decision,you may go before the Board of County Commissioners. Another option you may have, is to do a recorded exemption,which would enable you to continue to have the mobile home on your property. Please contact our office within 10 days of receipt of this letter as to how you wish to proceed. Failure to do so will result in moving forward with the existing violation. Should you have any further questions, please contact me at the above address or telephone number. Sincerely, Wendi Inloes Planning Administrative Assistant Halo Eichler 18680 CR 3 Berthoud CO 80513 W3i` n ' .w invent 970-535-0609 , JU_ i. q 2 2004 RECEIVED July 8`h, 2004 Ms. Wendi Inloes Weld County Dept. Of Planning Services Dear Wendi, There have been no changes! The attached"Work for Hire" agreement and the occupancy of the trailer home is still in force. So for a oversight o our first letter. c el ,., Halo Eichler Heritage Farms WORK FOR HIRE AGREEMENT This Work for Hire Agreement(this "Agreement")is madeeffective as of January 15,O01, by and between Haiko Eichler,of 18680 CR 3, Berthoud,Colorado 80513,and Russell 1-Tart,of 18680 1/2 CR 3, Berthoud, Colorado 80513. In this Agreement,the party who is contracting to receive the services shall be referred to as'Haiko",and the party who will be providing the services shall be referred to as"Russ". 1. DESCRIPTION OF SERVICES. Beginning onJanuary 15, 2001, Russ will provide the following services(collectively,the"Services"):General Farm Help and Grounds maintenance. 2. PAYMENT FOR SERVICES. Haiko will pay compensationto Russ for the Sera ices based or. $100.00 per week. 3. TERM/TERMINATION. This Agreement When services are no longer needea, by mutual agreement. 4. RELATIONSHIP OF PARTIES. It is understood by the parties that Russ is art independent contractor with respect to Haiko,and not an employee of Haiko. Haiko will not pro vide fringe benefits, including health insurance benefits,paid vacation,or any other employee t.:nefit, for the benefit of Russ. 5. INJURIES. Russ acknowledges Russ's obligation to obtain appropriate insular, -e coverage for the benefit ofRuss(and Russ's employees,if any). Russ waives any rights to rec•.very from Haiko for any injuries that Russ(and/or Russ's employees)may sustain while per kb_ring services under this Agreement and that are a result of the negligence of Russ or Russ's employees. 6. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties,and there are no other promises or conditions in any other agreement whether oral or v,nrten. 7. SEVERABILITY. If any provision of this Agreement shall be held to beinvandor unenforceable for any reason,the remaining provisions shall continue to be valid andnforceable If a court finds that any provision of this Agreement is invalid or unenforceable,but that by limiting such provision it would become valid and enforceable,then such provision shall be deemed to be written,construed,and enforced as so limited. 8. APPLICABLE LAW. This Agreement shall be governed by the laws of the ! :fte of Colorado. I I PARTY CONTRACTING SERVICES: Haiko Eichler ko Eic er Owner SERVICE PROVIDER: Russell Hart Russell Hart I I A I I I I I I - 2 - II (0......---7 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 IFAX (970)304-6498 WI D 1555 N. 17TH AVENUE C• GREELEY, COLORADO 80631 COLORADO June 25, 2004 • Haiko Eichler 18680 CR 3 Berthoud, CO 80513 Subject: ZPMH-1023 - Zoning Permit for a Mobile Home used for a Temporary Accessory to the Farm. Dear Mr. Eichler: On May 26, 2004, you were sent a letter regarding the above permit for a Accessory to the Farm. The letter stated that our office is requiring written notice of evidence within 30 days, that the need for the additional mobile home still exists. To date, our office has not received any new information. Evidence shall be submitted by the applicant or property owner by the first of each year for review and acceptance by the Department of Planning Services verifying that the mobile home occupant is principally employed at or engaged in the farming operation on the subject property. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. If the use of the mobile home has changed or been removed, please contact me at the above address or phone number. If our office does not hear from you within 10 days of receipt of this letter, your Zoning Permit will be turned over to our Zoning Compliance Officer, as it will be in violation with the Weld County Code Section 23-4-170. Thank you for your cooperation to this matter. If you should have any questions, please feel free to contact our office. Sincerely, (LS lio_. Wendi Inloes Planning Technician II issio DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE C. GREELEY, COLORADO 80631 COLORADO May 26, 2004 Haiko Eichler 18680 CR 3 Berthoud, CO 80513 Subject: ZPMH-1023 - Annual Review of a Mobile Home used for a Temporary Accessory to the Farm use, located on a parcel of land described as part of the NW4 of Section 32,T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Eichler: We are currently updating our Temporary Accessory to the Farm permit records. These permits are temporary. Such permits are subject to review annually on the anniversary of the original permit's issuance.Our review of ZPM H- 1023 issued to the above property needs to be updated. If the mobile home is currently located on the property,staff is requesting written evidence within 30 days of this letter, that the use still exists. Evidence shall be submitted by the applicant or property owner and accepted by the Department of Planning Services verifying that the mobile home occupant is principally employed at or engaged in the farming operation on the subject property. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. If the use of the mobile home has changed or been removed, please contact our office at the above address and phone number. We are requesting your cooperation in this matter by providing this office with the above mentioned information as soon as possible. Also enclosed is a accessory to the farm certification to complete and return along with the requested information as stated above. Sincerely, (Lad Wendi Inloes Planning Technician II DEPARTMENT OF PLANNING SERVICES (it (7-;4O.., Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us WI I p1555 N. 17th Avenue, Greeley, CO 80631 C Phone: (970) 353-6100,: (97 ) 04 3540 Q Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE April 19, 2002 Mr. Haiko Eichler 18680 WCR 3 Berthoud, CO 80513 Subject: VI-0100304, Part of the NW4 of Section 32, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Eichler: I apologize for the delay in our response. Wendi Inloes, Planning Technician and I are sending this letter in an attempt to address several issues at once. Upon receipt of your letters and applications, staff determined the following: NCU-133 (Nonconforming Use)-for the use and actual airstrip itself. COC (Certificate of Compliance - Home Occupation) - Staff determined that your "Heritage" business does not meet the criteria established through the home occupation. Specifically, the business is conducted in a separate structure other than the dwelling unit. Therefore, the home business shall be permitted,removed or relocated within the dwelling unit(house). If your intention is to relocate the office inside your home, please re-submit an application for a COC for a Home Occupation. At the time of submitting your application, the $50 (fifty) dollar fee will be required. If you intention is to allow the business to remain in its current location, a Use by Special Review application shall be submitted. Additionally, the following aspects of the violation remain or have been dealt with as follows: Crops not raised on the property-We did receive your letter stating this would not occur anymore. As a result, this aspect of the violation has been closed. Kennel - As long as you do not exceed any more than 7 (seven) dogs located on your property at any given time, this aspect of the violation will close as well. If it happens that you do ever have more than 7 (seven) dogs located on the property, a Use by Special Review application shall be required. Please e-mail or drop off a letter stating your intention regarding this situation. Mr. Eichler Page 2 Mobile Home-The mobile home(previously permitted through ZPMH-1023)has been determined not to be in compliance with Section 23-4-170 of the Weld County Code. To bring the mobile home into compliance, it shall be removed,approved through the Board of County Commissioners or included in a Use by Special Review application (should you apply for one for the home business). It is the intention of this office to assist and cooperate with you without imposing undue hardships;however,we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from , April 19, 2002, 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. 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. Si cerely, Bethany Salzma Zoning Compliance Officer Wendi Inloes Planning Technician pc: VI-0100304 Department of Planning Services Bruce Barker, County Attorney • SERVICE,TEAMWORK,INTEGRITY,QUALITY Department of Planning Services February 22o°,2002 1555 N 171h Ave Greeley CO 80631 This letter is for the purpose of receiving a COC(Certificate of Compliance)regarding my"Home Occupation"as a computer consultant,database management and mailing list supplier: 1)This Home occupation has NO employees and is strictly conducted by myself and members of my family. 2)My hours of operation are pretty much normal business hours. 3)I have partitioned a 200 sqft room in one of my accessory buildings as an office. 4)There is no outside storage of materials or equipment connected with this Home Occupation. 5)There is no customer traffic to my property since all my business is conducted either by telephone or away from my office at my customer's facilities. 6)There is no advertising on my property with the exception of a 4x16 inch Name on the west door of the accessory building. 7)There is no offensive noise,vibration,smoke,dust,odors,heat,glare or electrical interference or other hazard or nuisance noticeable from this location. Sincerely, Haiko Eichler 18680 CR 3 Berthoud,CO 80513 970-535-493 I1; 4komt OCCu_pation 11t_ VS � 3Usi r't c CERTIFICATE OF COMPLIANCE WilDc. CHECKLIST COLORADO ITEMS REQUIRED FOR SUBMITTAL Completed Application Form An 81/2 inch by 11 inch map drawn to include the following: Location of the proposed mobile home Location of any existing improvements including: dwellings, mobile homes, outbuildings, pens irrigation ditches and oil and gas well production facilities. Name of existing roads or highways abutting the property North arrow li A copy of a deed or legal instrument identifying the applicants interest in the property A statement describing the proposed sewage disposal and water supply ,150.00 application fee ADDITIONAL INFORMATION FOR HOME OCCUPATION CERTIFICATE OF COMPLIANCE ONLY If served by a septic system, the applicant must provide a copy of the septic permit to be reviewed by the Department of Health/Environment. ❖Weld County Planning Dept. ❖1555 N. 17th Aye. Greeley,CO. 80631 O(970) 353-6100 ext.3540 ¶(970) 304-6498 fax DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Kett;;;\\ Greeley, CO 80631 Phone (970)353-6100, Ext 3540 Fax (970) 304-6498 COLORADO CERTIFICATE OF COMPLIANCE - HOME OCCUPATION Case Number -CC-20- Planner Date I hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the below stated information is true and correct to the best of my understanding and belief. Home Occupation An incidental USE of a DWELLING UNIT for gainful employment of the resident therein, where: 1. Such USE is conducted entirely within a DWELLING UNIT and carried on by the residents thereof and no others. 2. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. 3. The total area used for such purposes does not exceed three hundred square feet. 4. There is no advertising or other indication of the HOME OCCUPATION on the LOT or any STRUCTURE or vehicle located on or adjacent to the LOT with the exception that one nameplate shall be allowed which may display the name of the occupant and/or the name of the HOME OCCUPATION where such nameplate does not exceed 1 square foot in area, shall be nonilluminated and attached flat to the main STRUCTURE or visible through a window. 5. There is no exterior storage,display or sales of materials,goods,supplies or equipment related to the operation of such HOME OCCUPATION nor of any highly explosive or combustible materials. 6. There is no offensive noise, vibration,smoke,dust,odors, heat,glare or electrical interference or other hazard or nuisance noticeable off the LOT if the occupation is conducted in a SINGLE FAMILY DWELLING or outside the DWELLING UNIT if conducted in other than a SINGLE FAMILY attached dwelling. Ordinarily a HOME OCCUPATION shall not be interpreted to include the following: clinic, hospital, nursing home,animal hospital, HOTELS/MOTELS, restaurant, mortuary, vehicle or boat repair (including painting), and organized classes where more than six persons meet together for instruction on a regular-basis. (Does not include classes sponsored by a PUBLIC SCHOOL.) COUNTY OF WELD STATE OF COLORADO op Property address: �Q�0 Co1 Legal descripti Print Name: /IVO Et c(4ej Signature (� jJ Mailing Address: JDp 20 CRS nick- S3 5 / 3J). Subscribed and sworn to before me this(y day of `♦ 1 ter ck- , 20 C . . MY COMMISSION EXPIRES n-ry>" Diary Publi SEPTEMBER 14, 2003 c' My commission expires C ^y i • itotvg, MEMORANDUM TO: Whom It May Concern COLORADO FROM: The Department of Planning Services SUBJECT: Home Business or Home Occupation • Please take a moment to consider whether the business that you own/operate or the business --- that you propose to own/operate can be best described with definitions from the Weld County Zoning Ordinance, as amended, as a "Home Business" or a "Home Occupation." Refer to the definitions for assistance in making your determination. Please do not hesitate to call the Department of Planning Services if you have any questions. The Department of Planning Services requests that you write a brief letter addressed to our department which outlines some aspects of your business. Our staff will review the letter and determine if your business or proposed business will require a Use by Special Review (USR) or a Certificate of Compliance (COC). Please comment on the general nature of the business and include information about the following: 1. The number of employees of the business. 2. The hours of operation for the business. 3. The exact location of the business (for instance, is it located within a room in the home or is it located in a garage or an outbuilding?). 4. If it is located within the home, what are the dimensions of the room in which the business is conducted? 5. Is there outside storage of materials or equipment? 6. How many customers are expected to visit the site per day or per week? 7. What kind of advertising for the business is there at the site, including signs, the name or logo on trucks or company cars, etc.? 8. Is there any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable outside of the home of the business or off the Lot (if the business is conducted within a garage or outbuilding)? 9. Your name, address and legal description (if known), and phone number. Please return the letter to: Department of Planning Services 1555 North 17th Ave. Greeley, CO 80631 • Phone: (970) 353-6100 Ext. 3540 Fax: (970) 304-6498 • SERVICE,TEAMWORK.INTEGRITY,QUALITY Department of Planning Services 1555 N 17'"Ave Greeley CO 80631 February 26'"2002 To whom it may concern: There will be no crops not raised on my A property offered for sale. ,N61Str_t e/ Haiko Eichler 18680 CR 3 Berthoud CO 80513 970-535-4938 CJ cfi 'roc e ri Ban( P V) ' 1 b 7CP G 0 } DEPARTMENT OF PLANNING SERVICES Code Compliance Division r Website: WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us O 1555 N. 17th Avenue, Greeley, CO 80631 WI Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO January 23, 2002 Mr. & Mrs. Carl Hatch 18730 W.C.R.#3 Berthoud, CO 80513 Subject: VI-0100304, Part of the NW4 of Section 32, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Hatch: In response to your letter which was received, December 13, 2001, please see the enclosed letter that was sent to Mr. Eichler. If you wish to be advised of any further action, please notify me as soon as possible. You will also note that the mobile home is not addressed in my letter. Wendi Inloes, Planning Technician, will be addressing that issue upon her return in March, 2002. 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 Officer pc: VI-0100304 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3540 Fax: (9(970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE January 16, 2002 Mr. Haiko Eichler 18680 WCR 3 Berthoud, CO 80513 Subject: VI-0100304, Part of the NW4 of Section 32, T4N, R68W of the 6`h P.M., Weld County, Colorado Dear Mr. Eichler: 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 III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." • Section 23-3.30 "Accessory uses." Section 23.3-30.D "Home occupations." Section 23-3.30.1 "Noncommercial junkyard." Section 23-3-40 "Uses by special review." Section 23-3.40.0 "Home business." Chapter 29,Article 111 "Building Permits" Section 29-3-10 "No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. (Before any demolition permits are issued,approval must he given by the Department of Public Health and Environment.)' To bring your property into compliance with the Weld County Code: Upon review of your letter, dated November 14, 2001, I have the following questions: .. You mentioned "...crops, vegetables, plants, flowers and nursery stock NOT RAISED on the premises and not %."• for sale on said premises...". How long are these crops,vegetables, plants,flowers or nursery stock kept on the property or do they grow there? `► You also stated "We also conduct dog training as well as canine competitions 3 to 4 times a year...". How many dogs do you typically train in a year? V Are these "canine competitions" open to the public? • How many people(total)typically attend a competition? Mr. hict ler Page 2 Additionally, the following concerns have arisen since the initiation of the violation process: `► A "Home Occupation" and/or"Home Business" with regard to a mailing operation,that primarily takes place in the structure next to WCR 3. Please review the inclosed paperwork regarding 'home occupation vs. home business'. a Next to this structure, we have noted scrap iron/metal and a possible derelict vehicle. According to the Weld County Code, this constitutes a "Noncommercial Junkyard". A "Noncommercial Junkyard" is a Use Allowed by ✓ Right in the Agricultural zone district;however,it shall be screened from all adjacent properties and all public rights- of-way. r. While it was noted that construction is occurring,our records do not indicate that any building permits have been obtained. a We had received a complaint stating that an airplane was being utilized on this property and from the road an apparent runway was seen. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty)days from ,January 16, 2002, 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. 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, Bethany Salzma Zoning Compliance Officer pc: VI-0100304 Wendi Inloes, Planning Technician Department of Planning Services Bruce Barker, County Attorney • SERVICE,TEAMWORK,INTEGRITY,QUALITY • a DEPARTMENT OF PLANNING SERVICES !" Code Compliance Division Website: WWW.CO.WELD.CO.US loge E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext 3540 Fax: (97(970)) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE January 16, 2002 Mr. Haiko Eichler 18680 WCR 3 Berthoud, CO 80513 Subject: VI-0100304, Part of the NW4 of Section 32, T4N, R68W of the 6'" P.M., Weld County, Colorado Dear Mr. Eichler: 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 III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3.30 "Accessory uses." Section 23-3-30.D "Home occupations." Section 23-3-30.1 "Noncommercial junkyard." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home business." Chapter 29,Article Ill "Building Permits" Section 29-3-10 "No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. (Before any demolition permits are issued,approval must be given by the Department of Public Health and Environment.)" To bring your property into compliance with the Weld County Code: Upon review of your letter, dated November 14, 2001, I have the following questions: r You mentioned "...crops, vegetables, plants, flowers and nursery stock NOT RAISED on the premises and not for sale on said premises...". How long are these crops,vegetables, plants,flowers or nursery stock kept on the property or do they grow there? r You also stated "We also conduct dog training as well as canine competitions 3 to 4 times a year...". How many dogs do you typically train in a year? Are these "canine competitions" open to the public? How many people(total)typically attend a competition? Mr. Eichler Page 2 Additionally, the following concerns have arisen since the initiation of the violation process: a A "Home Occupation" and/or"Home Business" with regard to a mailing operation,that primarily takes place in the structure next to WCR 3. Please review the inclosed paperwork regarding 'home occupation vs. home business'. a Next to this structure, we have noted scrap iron/metal and a possible derelict vehicle. According to the Weld County Code, this constitutes a "Noncommercial Junkyard". A "Noncommercial Junkyard" is a Use Allowed by Right in the Agricultural zone district;however,it shall be screened from all adjacent properties and all public rights- of-way. a While it was noted that construction is occurring,our records do not indicate that any building permits have been obtained. a We had received a complaint stating that an airplane was being utilized on this property and from the road an apparent runway was seen. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion in this matter if you fail to correct this violation. You have 30(thirty)days from ,January 16, 2002, 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. 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, ≥Salzma, Zoning Compliance Officer pc: VI-0100304 Wendi Inloes, Planning Technician Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY fat; MEMORANDUM TO: Bruce Barker, County Attorney COLORADO DATE: January 23, 2002 FROM: Voneen Macklin, Planning Technician I SUBJECT: Heiko Eichler Attached you will find a letter from Mr. Eichler dated November 14, 2001that states the existing mobile home is occupied by a person customarily employed at or engaged in the operation of the use where the mobile home is located. There is also a copy of the employment contract between Mr. Eichler and Mr. Hart, occupant of the aforementioned trailer. In looking at the Permits Plus for the Planning and Building Department and conferring with a Building Technician it was determined that there are no building permits for a pole barn, or other structure on this property. Bethany Salzman, Zoning Compliance, was conferred with concerning this outstanding issue. Per Bethany, it was her understanding that Wendi Inloes, Planning Technician III, would be addressing the issue of the Mobile Home as an Accessory to the Farm when she returns from maternity leave in early March 2002. At present no action has been taken as the individual who has the information and background is out of the office (Wendi). Should it be determined that Planning Services should proceed with action, another individual from this department will present the case to the Board of County Commissioners. End memorandum. Dept, nOS Haiko Eichler nth 9\�n. 18680CR3 6a Berthoud CO 80513 Yie° 970-535-0609 .‘1 �� Weld County Department of Planning Services To whom it may concern: November 14th,2001 In answer to your letter of November 5th,2001,I would like to take issue with the Department's ruling regarding the existing mobile home on my property that was approved over 10 years ago as an accessory farm use by right in the A district,as determined by the planning department(43.2.3.1),and request that this decision be reviewed and ultimately be approved. I have testified and demonstrated that the mobile home is occupied by a person customarily employed at or engaged in the operation of the use where the mobile home is located(43.2.3.1.1) See attached employment contract between myself and Mr. Russell Hart. The mobile home is necessary for the effective and economic operation of the use and/or protection of the agricultural use(43.2.3.1.2.) This mobile home has never been used and is not now used as an income source by myself or my family for rental to persons not principally employed upon the A district property.(43.2.3.1.3.) Adequate water and sewage disposal facilities are installed and approved by the Weld County Building Depamn ent.(43.2.3.1.4) This mobile home is also NOT the first dwelling unit on the parcel of land(43.2.3.1.5) At the recent hearing in front of the Board of County Commissioners in another,but related matter,one of the Commissioners questioned me as to the income I derive from my farming,gardening and ranching operation and in my opinion that question was totally uncalled for and out of line. Where in the ordinance does it stipulate that: A) The farming, gardening or ranching operation has to be a business and B) If it is a business,where does it stipulate that it has to be profitable? The Commissioner also questioned how I could possibly irrigate vegetable or nursery stock with my 5/8" city water tap. Again that question was in my opinion totally out of line. However I have enclosed a copy of my water bill for the growing season of 2001as proof that$700 worth of water can't possibly be used to wash dishes and flush toilets. The ordinance that describes that activity is 31.2.4 of the code. Another use by right is stipulated in 31.2.5,temporary storage, in transit,of crops, vegetables,plants, flowers and nursery stock NOT RAISED on the premises and not for sale on said premises. This is an activity I described at the hearing and is an occasional use of my agricultural lot. Grazing of livestock is another use allowed by right and that may be my livestock or someone elses (31.2.7)This is also one of my agricultural activities. I also maintain and use a structure or structures for storage of equipment and agricultural products (31.3.1) We also conduct dog training as well as canine competitions 3 to 4 times a year as sanctioned by the American Kennel Club,as do a number of my neighbors and I believe this to also fall into the category of use by right. Mr. Russell Hart,the employee living in the mobile home in question,is an absolutely essential part of my farm as grounds keeper and maintenance man. For instance,the County's department for noxious weed control contacts me annually with a demand for positive control of thistle and other noxious weeds. If I do not comply,the County has the authority to send in a contractor to do the job and they can bill me whatever the traffic will bear.If I do not or can not pay, the County will attach a lien to my property and if that lien is not satisfied within certain time limits,my property could conceivably be auctioned off to satisfy such liens. Not a pretty picture. I rather hire my own man to take care of such agricultural activities at a known expense to me. I would appreciate that the Planning Department's decisions NOT be made based upon rumors,innuendo and outright lies by some malevolent neighbor,but as a result of honest investigation and evidence that the staff may reasonably require,and on the basis of my signed statement.(43.2.2.5) Any ONE of these uses by right would be sufficient for the approval of the mobile home on my A district property. What else do I have to do to prove to the Commission that I really have a lot of agricultural activity on my place and need Mr. Hart to live here? I called a number of times to get an appointment with one of your planners and left voice messages. That was over a week ago and I have not had a single call returned. I wouldeftpreciate to be contacted soon, so this matter can be discussed and resolved. Si /erely/ I ` t. iko Eichler Heritage 970-535-0609 • i Occ ,2 CG\�t ! Ile - V cam. WORK FOR HIRE AGREEMENT This Work for Hire Agreement(this "Agreement") is madeeffective as of January 15, 2001,by and between Haiko Eichler,of 18680 CR 3, Berthoud, Colorado 80513,and Russell ll Hart,of contracting 1/2 CR 3, Berthoud, Colorado 80513. In this Agreement,the party who is to receive the services shall be referred to as'Haiko",and the party who will be providing the services shall be referred to as'Russ". 1. DESCRIPTION OF SERVICES. Beginning on]anuary 15,2001, Russ will prc.vide the following services(collectively,the "Services"):General Farm Help and Grounds maintenance. 2. PAYMENT FOR SERVICES. Haiko will pay compensationto Russ for the Services based on$100.00 per week. 3. TERM/TERMINATION. This Agreement When services are no longer needed, by mutual agreement. 4. RELATIONSHIP OF PARTIES. It is understood by the parties that Russ is au independent contractor with respect to Haiko, and not an employee of Ha tion, any other employee will not provide benefit,for the r tv i benefits, including health insurance benefits,paid benefit of Russ. 5. INJURIES. Russ acknowledges Russ's obligation to obtain appropriate insurance coverage for the benefit ofKuss(and Russ's employees,if any). Russ waives any rights to rec..,very from Haiko for any injuries that Russ(and/or Russ's employees)may sustain while pert r ning services under this Agreement and that are a result of the negligenceof Russ or Russ's employees. 6. ENTIRE AGREEMENT. This Agreement contains the entire agreement of th? parties,and there are no other promises or conditions in any other agreement whether oral or written. 7. SEVERABILITY. If any provision of this Agreement shall be held to beinvalidor unenforceable for any reason,the remaining provisions shall continue to be valid a:idnforceable If a court finds that any provision of this Agreement is invalid or unenforceable, bu.a.that by limiting such provision it would become valid and enforceable,then such provision shall be deemed to be written,construed,and enforced as so limited. s. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Colorado. PARTY CONTRACTING SERVICES: Haiko Eichler By: .4 .( > ' ..a DCY ii- Faiko Eic er Owner SERVICE PROVIDER: Russell Hart ri /c L, ( O4 _ Ic-cl Russell Hart - 2 - f.) 18730 Weld County Road 3 Berthoud, CO 80513 December 6, 2001 Weld County Commissioners 910 Tenth Street Greeley, CO Gentlemen: We are writing you to call attention to the hearing we attended with Mr. Heikio Eichler on 5th of November where he applied for a second mobile home permit. We are dismayed that someone can go in front of a Government board and be dishonest. We wish to point out some discrepancies. First, he stated that he knew nothing of a "rental agreement" with Harris'. We know that Harris' have had cattle on his land much of the time since we moved here ten years ago_ He also got up and stated that the reason we wanted to get this mobile home permit denied was because we were mad that he wouldn't rent the west end to us. The west end is mostly weeds and no fence. We have asked a couple of times about renting the east half and he told us that he had an agreement with Harris's. Concerning the issue that he was NOT building this home but a pole barn, he informed us that he was building a home. When the building started we asked him if that was where he was going to build the home and he told us yes it was. We did ask what access road they planned to use for his new home. Mrs. Eichler told us that our driveway was "their road and they were going to use it". Even at that bit of misinformation, we Dever told them that they couldn't use the road - as he said in his statement at the meeting. We are concerned about his use of the old mobile home as a rental unit. The man who rented it before the fellow who lives in it now, worked at the Post Office for several years. The current renter tells us he works for Mr. Eichler in his Heritage Mail business. This old mobile home is truly an "eye sore" and lowers the value of our property. Some of our local acquaintances have asked us over the years why we hadn't protested its presence z"),Ot-iaaa)9 2001-3466 (VY2.42trLI (3?-n4 4x772/d 7 ;JLn-i-[o7 because of its appearance and since it does not meet the criteria of housing a "farm worker." We do not believe that he has a nursery business where he is growing out plants. What kind of farmers, in this area, buy little plants and put them in the dirt and let them grow up and then put them back in pots and sell them - all in the spring while people are still buying plants. How long of a growing season does he one have without a green house? We have a large garden and buy plants all over the area_ Never have we seen any sign of plants or advertising for plants at Eichlers. You may also want to know that the man who rents the trailer recently stopped our daughter and talked to her. He was leaving the Heritage Mail business and was very, very upset - even shaking. He was telling her things like Mr. Eichler had lately been more upset than ever! Mr. Eichler had told him that "we just moved here four months ago and were ruining everything". He asked our daughter when we moved here and then said he used to live in Harris' mobile home and he thought Mr. Eichler was lying about how long we had lived here, But he then stated "he lies about everything." We are concerned about the situation and hope you will earnestly pursue the matter. We think it is obvious that he has a disregard for the laws and rules that govern use and development of his land. That attitude is frightening when we have seen him time and again ignore the rules and lie about his situation. Where will it end?? His statement that his handicapped wife was going to have to work more on the farm if you denied another mobile home was amazing. They do not own farm animals. They obviously want to adopt Harris' when it is convenient. Please pursue this with all due process of the laws which apply. Thank you for your service and your help in this matter. Sincerely, / A eaAttscaCarl and Sandra Hatch CC: planning and enforcement departments CARL & SANDRA HATCH 18730 W.C.R.#3 Berthoud, CO 80513 napePt Haiko Eichler ant P\`�� CG�r S1 Berthoud co 80513 NrJe\d 970-535-0609 �,1� Weld County Department of Planning Services To whom it may concern: November 14th,2001 hi answer to your letter of November 5th,2001,I would like to take issue with the Department's ruling regarding the existing mobile home on my property that was approved over 10 years ago as an accessory farm use by right in the A district,as determined by the planning department(43.2.3.1),and request that this decision be reviewed and ultimately be approved. I have testified and demonstrated that the mobile home is occupied by a person customarily employed at or engaged in the operation of the use where the mobile home is located(43.2.3.1.1) See attached employment contract between myself and Mr.Russell Hart. The mobile home is necessary for the effective and economic operation of the use and/or protection of the agricultural use(43.2.3.1.2.) This mobile home has never been used and is not now used as an income source by myself or my family for rental to persons not principally employed upon the A district property.(43.2.3.1.3.) Adequate water and sewage disposal facilities are installed and approved by the Weld County Building Department.(43.2.3.1.4) This mobile home is also NOT the first dwelling unit on the parcel of land(43.2.3.1.5) At the recent hearing in front of the Board of County Commissioners in another,but related matter,one of the Commissioners questioned me as to the income I derive from my fanning,gardening and ranching operation and in my opinion that question was totally uncalled for and out of line. Where in the ordinance does it stipulate that: A) The farming, gardening or ranching operation has to be a business and B) If it is a business,where does it stipulate that it has to be profitable? The Commissioner also questioned how I could possibly irrigate vegetable or nursery stock with my 5/8" city water tap. Again that question was in my opinion totally out of line. However I have enclosed a copy of my water bill for the growing season of 2001as proof that$700 worth of water can't possibly be used to wash dishes and flush toilets.The ordinance that describes that activity is 31.2.4 of the code. Mother use by right is stipulated in 31.2.5,temporary storage, in transit,of crops,vegetables,plants, flowers and nursery stock NOT RAISED on the premises and not for sale on said premises. This is an activity I described at the hearing and is an occasional use of my agricultural lot. Grazing of livestock is another use allowed by right and that may be my livestock or someone elses (31.2.7)This is also one of my agricultural activities. I also maintain and use a structure or structures for storage of equipment and agricultural products(31.3.1) We also conduct dog training as well as canine competitions 3 to 4 times a year as sanctioned by the American Kennel Club,as do a number of my neighbors and I believe this to also fill into the category of use by right. Mr. Russell Hart,the employee living in the mobile home in question,is an absolutely essential part of my farm as grounds keeper and maintenance man. For instance,the County's department for noxious weed control contacts me annually with a demand for positive control of thistle and other noxious weeds. If I do not comply,the County has the authority to send in a contractor to do the job and they can bill me whatever the traffic will bear. If I do not or can not pay, the County will attach a lien to my property and if that lien is not satisfied within certain time limits,my property could conceivably be auctioned off to satisfy such liens. Not a pretty picture. I rather hire my own man to take care of such agricultural activities at a known expense to me. I would appreciate that the Planning Department's decisions NOT be made based upon rumors, innuendo and outright lies by some malevolent neighbor,but as a result of honest investigation and evidence that the staff may reasonably require,and on the basis of my signed statement.(43.2.2.5) Any ONE of these uses by right would be sufficient for the approval of the mobile home on my A district property. What else do I have to do to prove to the Commission that I really have a lot of agricultural activity on my place and need Mr. Hart to live here? I called a number of times to get an appointment with one of your planners and left voice messages.That was over a week ago and I have not had a single call returned. 4awCPreciate to be contacted soon, so this matter can be discussed and resolved. iko Eichler Heritage 970-535-0609 riot>� .lie^ O @�WORK FOR HIRE AGREEMENT This Work for Hire Agreement(this"Agreement") is madeeffective as of January 15, 2001,by and between Haiko Eichler,of 18680 CR 3, Berthoud, Colorado 80513,and Russell Hart,of 18680 1/2 CR 3,Berthoud, Colorado 80513. In this Agreement,the party who is contracting to receive the services shall be referred to as'Haiko",and the party who will be providing the services shall be referred to as "Russ". 1. DESCRIPTION OF SERVICES. Beginning onlanuary 15,2001,Russ will provide the following services(collectively,the "Services"):General Farm Help and Grounds maintenance. 2. PAYMENT FOR SERVICES. Haiko will pay compensationto Russ for the Services based on$100.00 per week. 3. TERM/TERMINATION. This Agreement When services are no longer needed, by mutual agreement. 4. RELATIONSHIP OF PARTIES. it is understood by the parties that Russ is an independent contractor with respect to Haiko, and not an employee of Haiko. Haiko will not provide fringe benefits, including health insurance benefits,paid vacation,or any other employee benefit,for the benefit of Russ. 5. INJURIES. Russ acknowledges Russ's obligation to obtain appropriate insurance coverage for the benefit ofKuss(and Russ's employees, if any). Russ waives any rights to rec3very from Haiko for any injuries that Russ(and/or Russ's employees)may sustain while perfor;ning services under this Agreement and that are a result of the negligenceof Russ or Russ's employees. 6. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties,and there are no other promises or conditions in any other agreement whether oral or written. 7. SEVERABILITY. If any provision of this Agreement shall be held to beinvalidor unenforceable for any reason,the remaining provisions shall continue to be valid hatinforceable If a court finds that any provision of this Agreement is invalid or unenforceable,but that by limiting such provision it would become valid and enforceable,then such provision shall be deemed to be written,construed,and enforced as so limited. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Colorado. PARTY CONTRACTING SERVICES: Haiko Eichler By: c C y �� 1 -of I aiko Eic er Owner SERVICE PROVIDER: Russell Hart it'7 old /5--01 Russell Hart -2 - • • LITTLE TWUMPSU „wiER UFO.i MCI UI-HCt:to/0)532-2Uuo 835 E.HIGHWAY 56•BOX G BERTHOUD,COLORADO 90513 ` E•HNC F:;-.��.;,'fa•'+a , T:•[?yd.. '�.r f.`3W°4-44i" ° . . 8465000 8113000 352000 CU .00 :.` '106027 . 0 106027 CU 520 . 81 SURCHARGE ON : 40 192 . 97 e Ia PENALTIES WILL BE ADDED ON DELINQUENT ACCOUNTS. ACCOUNT NO. 1 9 2 7 BILLING DATE: 0 9/3 0/0 1 SERVICE ADDRESS. 1 8 6 80 Weld C t y R d 3 FROM : 07 /01 /2001 THROUGH : 09/30/2001 Haiko Eichler ��-_ 18680 Weld Cty Rd 3 1 Berthoud COtS\ L-3--'27 80513 AFTER HOURS PHONE: 24 HOUR ANSWERING SERVICE•(970)532-2096 • Bills are due 10/5 /01 . vgy ng) ,44e\ ,y �,.4 AT) oS Dyri 20-66249000 1£908 b6 ES 6926 zsao E9}IE 0000 0L9 ' ooz NOOWy �mx3s veame 10 '61 A0N sa�oara�irHn1111 1111111111111 Y n9I+'` Z IC08 � O.) w 00 OOONlk138 04 / 1 30d150dd�S n...,Y illy! � �� 1 a DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE liD GREELEY, COLORADO 80631 WEBSITE:www.co.weld.co.us WIG PHONE (970) 353 6(9 , EXT.3540 FAX (970)304-6498 COLORADO November 5, 2001 Haiko Eichler 18680 WCR 3 Berthoud, CO 80513 RE: ZPMH-1023 -A Mobile Home used for an Accessory to the Farm located on part of the NW4 of Section 32, T4N, R68W of the 6'" P.M., Weld County, Colorado. Dear Mr. Eichler: The Department of Planning Staff has denied the request for the renewal of ZPMH-1023 for the accessory to the farm as there is not enough justification for this mobile home located on your property. This mobile home will need to be removed within 30 days of receipt of this letter, or you do have the option to go back before the Board of County Commissioners for this request. There is an active violation on this site that the mobile home could also be included into if you need more time. If you should have any questions, please contact me at the above address or telephone number. Sincerely, Wendi Inloes- Planning Technician II cc: VI-0100304 cfeat(14. DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co,us liD 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORAD November 5, 2001 Mr. Haiko Eichler 18680 WCR 3 Berthoud, CO 80513 Subject: VI-0100304, Part of the NW4 of Section 32, T4N, R68W of the 6" P.M.,Weld County, Colorado Dear Mr. Eichler: 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 without a Use by Special Review permit. Additionally, a "Noncommercial Junkyard" consisting of a couple of derelict vehicles and miscellaneous debris. 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 bodywork 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 other equipment as required in Sections 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. 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. Please contact me within five working days of the date of this letter to review these concerns with me. Failure to show progress or to close the violation, will result in a thirty-day violation notice being 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 Officer pc: VI-0100304 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Referral ' October 25, 2001 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Haiko Eichler Case Number ZPMH-2289 Please Reply By October 11, 2001 Planner Wendi Inloes Project Zoning Permit for a Mobile Home to be used as a 2n°Temporary Accessory to the Farm Use Legal Part of the NW4 of Section 32, T4N, R68W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 3; north of WCR 38 Parcel Number 1061 32 000063 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find aconflicts with our interests. ❑ See attached letter. Comments: Pvcat otoc-n-ht ca i.niq gt )1 am Ccv tr vA bis (Tin CVLZ O ICO PI-1-b-c&Ar ?y acmf''rc in t ht t S n o 27 UN in tk R. .2V, ni, .tA cw-n 0 t o i O na. ri` ^YY\ntAf f (Inca .'s�1A. f lO1' I4 1rut_`- . E4 ,h Iea( i'1/40l.l1AilTheA f'Cur4'5r Signature Date t01•71n0 Agency Lcc'o�!1iance •:•Weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO.80631 ✓.•(970)353-6100 ext.3540 .•(970)304-6498 fax Pte , \DL d 4raj a. " ? I. u.," cam.Q2 IlCap Lthttt_ ctu& c O COMA-I ,gin L wlc ± a btilldinq xx rola ` - -x -- `.c- "3'Tak1�rader ` _ - .,.•..... .... ..... ParoetNo;.J7136'7 3213-011 b63 :' �r r L l mss. V F-` Alt Key 1680432 Upda3e enlea 6ac7r' Primary Addressr. = a. hbTti inflm ibn • .No ' Din SheetName -..Cityld WEL = SUhdiwsluIxl 18680 WCR 3 = a- 1 Loll Fr6.at Select M • Address - - w `... .s : eal 0 00 Acres.l 39 74 •- sitae zon rig " L'.. I 18680 3 CR WELD J - E ,z -�£eatr'sus-Tiftd llterrBlodcll RPrihrarppsrneriniormution rs 1 'max. lio � Coo' - : egrtlDescription .. _ _:- Nama:IEICHLER HAIKO H& MONIK SS� .PT NW4 32-4 60 -181-68190 OT B REC EXEMPT RE-313 - ^'r• �• : 5T2 RN 261)32S-14T- L SITUS 18680 3 CR 001 WELD 00000 '�`., ,tC.= ti Addtess 1',116680 WCR 3 3 3 xa Tk„ . = Addres'T2<.IDERTHOUD COi'f mmn .,Address 3� - .. :y ..Address 4 I .) �„", ' rte��'-- '�1P;.180513 .,: .. UgeEgra~I "I `� -Phane 1.1 TRP;:2001 Exempt r --- StatUACTIVE .:.I 'lo wne _.. rOdr `- =— "Y\41.x►-./Ylnc f , -: .. ?j $tart) Thumbsfd4 in T...I �OroupWiseM .,'CoreIWodPetL.. gJ.PERFvMfrS'P4 - B.List Parcelsb — +_�WBT:-PRNTS... C�;' I 1 i. v I - II triKa ,.06Plat=; 1 Typ•:VIO Vers: 101 Vinh tion (Activity} ,_ • ��A `-Permd N_-�VI-0100304 w= Address:118680 WCft3 WEL `�-' '` Status,'ICOMPLNT APPLiCAN T:IEICHLER HAIKOBMONIKA `" y Date 170/2f atntus �M x }{ • ®. - _ " ., - -_£ i OPdata `�-H i E3aF- �Baak, 7 :.Desc >creen P Parcel No 106.1. 327,0‘01)-6183. -- - • s_ Owner 1EICHLERFWKO•H&MONIKAS r - -- - .Status: ICOMPLNT ,,,;J V titlen;By: BJS ( - :Sec/Twit/Rng "J32 04 68 Descripti0n: 1NCJY-Business w/out permits structures w/out permi r M -`� Location 18680 WCR 3 WEL toningflist IAGRI - AppTyPe IwcV _ _.j(BCU-BLDNGYIQ�I.ZONMG'S•IO +Cd WELD VIO beef Yi) _ — Glass Code 1VI 6 r . . ._.:: (BUSINESS .-. ;_ _Lel z F� n Comp1alnt 110/17/2001 Imt �BJS JHJVI 1 /_/ imt a .y7 { '•. --.fi.(7cy Leiter 10/26/2001 -_ Ind IBJS NTT '-- assuea lnE j -x n :�--I- ., '"" Inspection..110/26/2001 '- Ind JBJS _ - s BCCP IJ—/— inrt' 1 Coud 1 / 1_ In t I mo_ • :-Dosed BGV I / .,;= Ind I _ Closed Vl— I I— •• jInit Startl Thumbs.td4 inT :I ( roup'Mse'-M,.n-1 1�;,Corel WodPerT.;•j @--- .0:';Plus 9 MTStatu$ . :=-,I wiwBT.-PRNTS..t. '.LC(Ii. /7094107.-1.10.-_,_,,,,-PM=: Le....Kit DEPARTMENT OF PLANNING SERVICES gime �y� Code Compliance Division s.'�)` 1555 N. 17th Avenue, Greeley, CO 80631 �• IPhone: (970) 353-6100, Ext. 3540 COLORADO ye Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT ❑ Staff/Name: K Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): RpC(1j ,fit I 7 ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known)! ill. BUILDING CODE COMPLAINT O PUBLIC WORKS/PEST&WEEDS Date Complaint was received: (O/I-7 In t Pending Case#(i.e.USR,RE, SE,ect...):aa Legal Description: In C'cp CLE"6` IISL 4 5? c -\P&Dd{ Parcel#: tOl•;''Yl,•o' •C-)L2 Violation Address: `%L o7 LOCI-- fS rI Property Owners Name: . d-Act t Oal VC el MCI& % Phone: Property Owners Address: - [ XAktn,td) C n Wf 3 Tenant's Name: Phone: Tenant's Address: \\ �y NATURE OF COMPLAINT: IxJTS'Jnr' :t� : .�1 A(\.YCJ -3BILL f\SI_ N Let nu t cal-11\0a iDctrq- itrY rn L3Inli I p,1m.(c tP e - :r\ a ckurr.'\ u. il6u± p°i mt h Complaint Referred To: `�( aid Date: col hicA Complaint Referred To: Date: �.[]Additional Notes: 4 •f (t/"[ ante tit;ts\,), DEPARTMENT OF PLANNING SERVICES Code Compliance Division O 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT 0 Staff/Name: 0 Citizen 0 Other: HEALTH DEPARTMENT Citizen's Name(If known): WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): BUILDING CODE COMPLAINT PUBLIC WORKS/PEST&WEEDS Date Complaint was received: ?ending Case#(i.e.USR,RE, SE, ect...): ..egal Description: Parcel#: Violation Address: '� I .9 ‘140 2't(`) " C t Property Owners Name: F i l' ,L ti .� I �,a % t Vim) 'tr'e Phone: Property Owners Address: C_ Tenant's Name: Phone: Tenant's Address: . L ,: . -f p]-C r y> , +.:4NATURE OF COMPLAINT: '.=t,� *� -� r >w-ti-t ar „ a i A �l A Lrole n ♦ ,^..�j.-'7 l .n \� 1�� L.-, — .—f- Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: 111111111111111111111111111111111IIIII III 11111111 III FE- 3019092 12130/20020111P Weld Couury,C0 I� 1 0l 1 H 6.00 D 0.00 J.A."Sukl"Teullamalo 09.1 QUITCLAIM DEED THIS DEED,made this 9TH .day of DECEMBER . 2002 between MONIKA S. EICHLER of the SAID *County of WELD and State of Colorado,grantor(s),and MONIKA S. EICHLER AND HAIKU H. EICHLER, A$.JJOINT TENANTS L'/y. w)nxlegal address 4 ✓ 18680 COUNTY RD 3, BERTHOUD, CO 80513 ofthe SAID County of WELD and State of Colorado,grantee(*), WITNESS,that thegmntor(e),for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUALBE CONSIDERATION DOLLARS' the receipt and sufficiency of which is hereby acknowledged,ha s remind,released,sold and QUITCLAIMED.and by these presents do ESremise,release,sell and QUITCLAIM unto the aantee(s),HER heirs,aucoesson and assigns forever,all the right,title,Interest,claim and demand which the grantm(a)ha 5 in and to the rd property,together with improvements,if any, riNate,lying and being la the SAID County of WELD and State of Colorado, demential as follows: THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (51/2) OF THE NORTHWEST QUARTER (NWI/4) AND THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1/4) IN SECTION 32, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M., EXCEPT FOR THOSE PORTIONS OF THE ABOVE DESCRIBED PROPERTY m DECRIBED IN DEEDS RECORDED IN BOOK 181 AT PAGE 275 AND BOOK 549 AT PAGE 389, COUNTY OF WELD, STATE OF COLORADO. 1 i C., 18680 COUNTY ROAD 3 alsotmown by Mimi NO somber u: BERTHOUD, CO 80513 assessor's schedule or parcel number: TO HAVE AND TO HOLD the same,togeterwith all and singular die appurtenances and privileges thereunto belonging,or in anywise drmeunto appertaining.and all the estate,right,title,Interest and cairn whatsoever of the grantor(*),either in law or equity,to the only proper use, *and f s) HER heirs and assigns forever. 1N WH c s hj,` executed this deed on the date set forth above. I S. CHLE C STATE OF COLORADO qCS NJ County of LARIMER a The foregoing instrument was acknowledged before me this 9T day of DECEMBER 2002 o by MONIKA S. EICHLER ' 3. . TONYA BRIGHAM-McENTEE NOTARY PUBLIC Witness my band and official seal. STATE OF COLORADO My commission ex \^1 f MY Commis::i-Fsdres 721/2005 - .,( I�\//��vii.p...a ls "6b d'. t V 1 _1//++��ll//`` Noun Public I _J r Name sod Ad4v°flow Owdi K.ly Created Lop'owoipuo.if la-lf-106.5,CLIt No.933.Res 4-94. QUrrcL41M DEED &wardPubmaia.1743 Wave 9.,Dom CO Im02-003)293-1300-399 j) d Cr -1--I-1-iilll _ VI-0Eichler700304 I- V1Th00279 f 1_ $. , Harris D B.._i mi l u ......- 4 i " VI-0100304 Eichler i .. k: :A.A.. `� t�.q a , 4 ►R..<.. ,x . .. II L �._ 9 r Mw-a. _fay, t 'r \�`I-0100279 ; „.. ' Harris 4 . I , .T - .1..»x' 1 fry. .. . . <^; . , r • ..�.r- I ?II -,'Y k -, . I'•1# . 4� _ ter: .1:.. _ Hello