HomeMy WebLinkAbout810360.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
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BOARD OF ADJUSTMENT APPLICATION FORM
Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631
Phone: 356-4000, EXT 400 €
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. 20A 421.Z.in %f'.'S PROCESSING FEE N P:
DATE OF FILING 3-g-tit 1 RECEIPT NO. N R
APPL CHECKED BY V T
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signa
tures)
APPEAL IS HEREBY MADE TO THE BOARD OF ADJUSTMENT OF THE COUNTY OF WELD FOR THE
FOLLOWING REASONS: (Check one)
To correct an administrative error in enforcement
To allow a special exception or conditional use permit
3. To grant a variance due to practical difficulties or undue hardship
4. To permit the extension of a non-conforming use
Legal Description of the property: Part of the N1 NE; Section 19 , T 4N ,
R. 68 West of 6th P .M. , Weld County, Colorado
SURFACE FEE (PROPERTY) OWNEPS OF PROPERTY FOR APPEAL:
Name: 7 T, Wright Home Telephone #1 -
Address: pt l pc-,v Bus. Telephone #:
Rprthnnrt rn1 nredo R 5NiP
Name: - Home Telephone 44: -
Address: Bus. Telephone #:.
Name: - Home Telephone#2
Address: Bus. Telephone #:
•
Applicant or Authorized Agent (if different than above) : •
Name: Mr. David Scheooner Home Telephone #: 532 . 3349
Address: RR1 Box 31B Bus. Telephone #:
Berthoud , Colorado 80513
•
a toat.°
f
The special conditions, practical difficulties, or undue hardship believed to
justify this appeal are as follows:
See attached letter.
•
•
•
I hereby depose and state under the penalties of perjury that all statements,
proposals and plans submitted within this application are true and correct to
the best of my knowledge. -
Respectfully submitted this day —/n , 19 ,1i/
Signature og Applica d
Subscribed and sworn to before me this /D y of / 7 eut.Cli 1921_.
SEAL / c
NOTARY PU
3 .IC 4
•
My Commission expires n4�/,/ 9 /9/ '�
•
P. KAY NORTON F .
Attorney at Law
1010 9th Averue Greeley, Colorado 806.31 (303)351-7010
March 4 , 1981 - -
Weld County Board of Adjustment - -
c/o Department of Planning Services
915 10th Street -
Greeley , Colorado 80631
RE: Appeal of administrative decision by
Zoning Staff
•
' Dear Board Members:
I represent Mr. David Scheopner, who is appealing to you a
decision of the Weld County Department of Planning Services
Staff concerning the zoning status of a dairy operated by
Mr. Sche0pner ' s neighbor. The staff has determined that the
dairy is not being operated in violation of the Weld County E4r
Zoning Resolution, and has declined to investigate it as
a violation. Mr. Scheopner believes this to be an error,
and asks you to reverse the staff decision, to order the
matter investigated as a violation and to require the
necessary special use permit for the dairy.
Generally, if a use is in place prior to the adoption of a
zoning law which prohibits or regulates that use in the new
zone , the use is called a "nonconforming" use. It is allowed
to continue as it was at the time of adoption of the regu-
lation, but is not allowed to expand, upgrade or change to
another prohibited use . In the case of a use , such as a dairy G '
operation, which is not p prohibited by the new law, but now
requires a permit, any expansion of the use requires a
permit for that expansion.
Whether or not a nonconforming use has been"expanded" should
depend upon the impact of the change, not mere physical !'
dimensions of the building. Zoning i-s designed to regulate
the impact of each person ' s use of land upon his neighbors
and the county as a whole. A test of expansion which only
looks to the size of existing buildings , and does not look
to the impact of the use of those buildings, ignores th �0;3762725
51
regulations . sot entire
retprpose of regulating uses which predate exis i/ '-'70)-'-'70)-'-
,ors"�\;o'J 72 W .....
•
's: F'
_..�..
Weld County Board of Adjustment
Page 2
March 4, 1981 r-
In this case, there is no dispute that the buildings upon/I the. land in question were legally built in 1974 . The re-
gulations requiring a special use permit for a dairy became
effective in January, 1977. A dispute does arise over
whether there was a "dairy" established in 1974 which
became a nonconforming use in 1977, and, if so, whether it
has been expanded in violation of the zoning since 1977.
It is the position of the Planning Staff that the existence
of the buildings , regardless of the number of dairy cattle,
if any, before 1977, means that the landowner can expand .____.-
his operation by the addition of stock after 1977 without
the need for a special use permit for such additions, so
long as he builds no additional structures . The staff '..:
likens this to an application for a special use permit
for a new use , in which all possible future expansions are
considered in the review procedure and hearings , with a
permit being granted for all possible structures and
numbers of animals, although the operation may start
smaller.
The difference between the normal special use permit and
. the present case is obvious . A nonconforming use is, by
definition, not reviewed or approved when it is established.
An increase in size is neither assumed nor approved. The
very fact that later regulations seek to restrict the
type of use show that the impact of the use has become of
concern to the country. To allow wholesale expansions or
intensifications of now-regulated uses without review is
inconsistent with the purpose of the special use permit
process. The impact of a dairy is not related to the
physical presence of a barn . Its impact is determined by
the number of animals present and the provisions for their
care and disposal of their waste . These issues are the
concerns which the special use permit process is designed
to meet. Mr . Scheopner has presented uncontradicted evidence
to the staff that the operation in question has grown con-
siderably
in number of cows and production since 1977 , with
an adverse impact on him. He, in fact, questions whether
there was a "dairy" present in any accepted sense of the ---
word before 1972.
Therefore , Mr . Scheopner asks that you reverse the decision
of the staff and find that any expansion of the facility in
question by the addition of dairy cattle after January 1977 ` ,..
is the unauthorized expansion of a nonconforming or pre-
.:
existing use without the required special use permit for
such expansion.
•
Weld County Board of Adjustment
Page 3
March 4 , 1981
Thank you for your consideration.
Sincerely,
_
1i3---�
P. Kay Norton
Attorney at Law
•
PKN/cas
CC Mr. David Scheopner
ENC Board of Adjustment Application Form •
M
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. __:
DEPARTMENT OF PLANNING SERVICES
PHONE (3031 3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
j. -A9
L.,, . i # 3 February 20, 1981-: [COLORADO
Ms. Kay Norton
1010 9th Avenue
Greeley, Colorado 80631
Re: Junior Wright Dairy on property described as part of the N1, Section
19, T4N, R68W of the 6th P.M. , Weld County, Colorado.
Dear Ms. Norton:
The Weld County Department of Planning Services Staff has determined that
Mr. Wright's dairy has been in existence prior to January 5, 1977 (the
appropriate date of adoption of the Special Use Permit regulations for
this particular property) . Mr. Wright has submitted evidence indicating
that dairy operations began sometime during 1973-1974. While it is true
that Mr. Wright may not have been at full capacity of his facilities the .
Department of Planning Services Staff feels that there is not sufficient
documentation to establish the exact date or amount of expansion. Further,
•
the Weld County Zoning Resolution does not define a dairy in terms of
number of animals. It has been the policy of the Department of Planning
Services Staff to consider not only the numbers of animals, but also
the facilities present on the property when determining the status of
a nonconforming or preexisting use. With this in mind, it is the adminis-
trative decision of the Department of Planning Services Staff that Mr.
Wright's dairy is a nonconforming use. If you disagree, you may appeal
the Staff's decision to the Board of Adjustment. The Department of Plan-
ning Services Staff will assist you in the application process.
If you have any questions please feel free to contact me.
Respectfully,
•
Vickie Traxler
Assistant Zoning Administrator
VT:rg
A
•
z FEEDSr excH tht1LL{ ;2Dd & gild& CO.
130 W. 3RD - P. O. BOX 119
LOVELAND, COLORADO 80537
Lawrence /A. Steiner, Mgr. Phone: 667-4567
Weld. County
Department of Planning Services •
915 10th Street
Greeley, Colorado 80631
t ckie Traxler
Asst. Zoning Administrator
Dear Vickie:
Li answer to your letter concerning Mr. & Mrs, J.L. Wright, we submit the
following information:
Mr. & Mrs. Wright have been customers of ours since about 1972. At that time
they were feeding some cattle and calves. They also had a few chickens. In
1973 and early 19711 they built a dairy barn and started milldng a few rip; ry
cows. They paid cash for the feed for this opreation. As we do not keep a
written record of cash sales, it is impossible to produce copies of' such. .
They continued to pay cash for the feed until December 1977. At that time
they felt they had progressed to the place where they could pay the feed
bill once a month and so started charging the feed.
Enclosed please ;Ind conies of invoices for feed in December 1977 and
January 1978. Also enclosed is a copy of our entire charge experience vatth
Mr. & Mrs. Wright. I have put designations as to the feed on all invoices for
the year 1978. I was able to verify all listings noted.
Outside of chicken feed and dog food Mr. & Mrs. Wright did not buy any feed
from us that was not dairy or cattle oriented.
We sincerely hope that this letter will establish the fact that Mr. & Mrs.
Wright were in the dairy m lk ng business as long agoas 1974. If there is
any other way ib which we can help, please feel free to call us at the above
phone or address.
tours truly, p RE FEB 1°n; N
lI f/ n CEiVE
p Mannde,d�Q417 D 1
Alice Smith (Mrs) Asst. Mgr. S ita¢mr• yz,
_—
awe _ _. C STATEMENT - (.• "
LOVELAND FEED & GRAIN CO. //
P.O. Box 119 Loveland,Colorado 80531 Phone 6674567. -
RANCH-WAY 00004Y
. Today and All the Way! - . FEEDS
J. L. Wright
- Rte. 1 Box 32
Berthoad, Colorado 80513
L
DATE REF. NO. MEMORANDUM - CHARGES CREDITS BALANCE F;
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L0VELAI\ID FEED & GRAIN CO: .
P.O. Box 119 Ln.'elaod• Colorado 80537 Phone 667.4567 : .
RANCH-WAY tkCT. H W4
- Today and All the Way! FEEDS
J. L. Wright
Eta 1 Box 3Z •
Berthoud, Co. 80513 .
L J _:!,--.5,.„2- G Q.3,y.
DATE • REF. NO. I MEMORANDUM CHARGES CREDITS BALANCE
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•
„w,: • /�/ STATEMENT I
• • LOVELAND FEED & GRAIN CO. -
P.O. Box 119 Loveland, Colorado 80537 Phone 667-4567. "
:....RANCH-WAY titOCH.W4r
- Today and All the Way! FEEDS
::t. 1 3oz 32 "
-5e rti".oud, Co. 8051:; . • "
L J sj - 3.61
•
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•
World Headquarters
�arnation •
5045 Wilshire Boulevard •
Los Angeles, California 90036
Telephone: (213) 932-6000
February 2 , 1981
Ms . Vickie Traxler
Dept. of Planning Services
915 10th Street
Greeley, CO 80631
Dear Ms . Traxler:
Following our telephone conversation of January 23rd , we
again checked the records that we have on file.
Our records indicate that Mr. J. L. Wright - Lazy L. W.
Dairy, started selling milk to Carnation Company at Johnstown,
Colorado , on December 20 , 1977 .
Yours truly,
160
W. H. Tye
General Pro tion Manager
WHT:cem
(12 45
In 4 r5)\
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__
October 29, 1980 ('
- -- Vickie Traxler
----- Asst. Zoning Administrator
--- Dept. of Planning Services
915 10th Street
Greeley, Colo. 80631
-__. Dear Yo . Traxler.
—
Tk you for your letter of 10/1/80. In reply, I
disagree that Dir. Wright operated his dairy prior to .
- _
Jan., 1977. I do not feel that vet and. fead bills can
properly establish a date for the beginning of a aairy.
...... Many people have such vet and feed bills and do not operate
a dairy. Such bills do not prove that the dairy existed
== at that time, merely that be bad animals. I will continue
.....-_ to disagree with the existence of the dairy prior to Jan.,
... ___ 1977 until positive proof is established. The easiest
proof would be milk receipts, as any dairyman keeps records
::':::___ and receipts. If a milk receipt dated prior to Jan., 1977
-. can be submitted and shown to me, then I will agree.
Also, I do not understand why I should appeal your
decision to the Board of Adjustment. As yet, I
cannot see -- - -- ---- --- - -
where you have acquired any positive, dated, dairy records.
"'"""" Until such records have been seen, I will continue to say
' = that this dairy is illegal, and that some type of action
should be taken.
____
Please send me your reply in writing.
Thank you.
g ncerely,
A 7)774.„
-
.... _ David K. Scheopner �j1���53�JJ � .
"" Et. 1 Box 31 B
ti O a ' $
Berthoud, Colo. 80513 ^".'".
CT
Commissioner ti Pile 1980 T ....................._...-.._......".."...._.-..__.
CC: L. 1300, Cty. — a � R ,
N. Carlson, Cty. Commissioner ou It'd Ep
X.
CKtc1,,ir 1 ,
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I Li .
COLORADO •
Mr. David Scheopner
Rt. 1 Box 31—B
Berthoud, Colorado 80513
Dear Mr. Scheopner:
It is the decision of the Deoa tment of Planning Services Staff that the
dairy operation of Mr. J. L. might on property described as part of the
N1, Section 19, T4N, R68W is a nonconforming use, existing prior to
January of 1977. The Departmeat of Planning Services staff has made
this determination on the basis of:
1. A letter from Dr. Ronald Ackerman, D.V.M. stating that dairy
cattle belonging to Mr. Vright were treated in March 1974.
- 2. Statements from the Loveland Feed and Grain Company showing
feed supplies purchased June of 1976;. and
3. Statements and letters from the owner of the property, Mr.
J. L. Wright.
The building permit information you asked for included the following:
Building permit x3221 for a imal shelter issued February 28, 1973
Building permit D4694 for a_dition to pole barn issued October 6, 1974
Building permit #6241 for parch and fireplace issued October 30, 1975.
If you disagree with the staff's decision, you may appeal the decision to
the Board of Adjustment. Please ne aware that this involves certain pro-
cedural requirements before a hearing can be scheduled. Please contact
our office for an appointment to go over the application forms and require-
ments.
If you have any questions please feel free to call me.
Respectfully,
Vickie Traxler
. Assistant Zoning Administrator
VT:rg
3/27x/
Lie el// 4 D i��
�-s C.44/5/.4.)5 ma No Ppoh/e,,s
Z /`i /fee /1 fle?.Son) Should 1' e
w/ai -they
LvRNh peov 'd , N5 i4ey
z d) 42.21
rene
SCkeormee. � a . Ns n beso-
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ACC e nJj tee deltie?"d
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•
l% e�rna—n Ani:tal Hospital G
33?i N. GI-field Ave.
---
. Loveland, Cola. 80537 ,
• Ronald V. Ackerman D. V. M.
• 338 8th Street Southeast
Loveland, Colorado 80537
667-2383
Vicky Traxler
Weld County Planning Commission
915 Tenth Street '
Greeley, Colorado 80631
September 25,1980
Dear Ms. TraYler,
This letter is written verification of our telephone conversation
on September 25, 1980 regarding J.L. ciright of Berthoud, Colorado. I
do have invoices dating back to March 27, 1974 indicating that I did
veterinary work on dairy cattle and calves on J.L. ' right's farm at R.R.
ill Box 32, Berthoud, Colorado. •
Respectfully,
Ronald Ackerman, D.V.N,.
RVA/lb 44281„
/'it-c '4 icy
EP o L
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COLORADO
Pr. :,avi : S:ha^__e. -
Route 1 , cox 31E
Berthoud, CO 835a3
Dear Mr. Sheo_ner:
1 received a copy o letter dated August 25-, 1980 and would like to respond
to some of the questions raised in your letter.
Earlier this year - e di-sussed two dairies near your property that may have been
in violation of Weld County Zoning Regulations . One dairy belonged to Mr. Jack
Ross and the other is ".r. Junior Wright . Cathy Gerstberger (formerly Carter) our
Zoning Inspections Officer, investigated both properties for compliance with the
zoning regulations as you requested.
Ms . Gerstberger advised Mr. Ross to visit with Chuck Cuniiffe or myself to discuss
the requirements of the Special Use Permit. Mr. Ross did explain his operation to
Chuck Cunliffe. Mr. Ross stated he did not have a dairy operation and would soon
be selling the property. We advised him that his buyer would need a Special Use
Permit, if the buyer wanted to put a dairy on the property-. The property was in-
spected by Ms . Gerstbercer August 21 , 1980 to confirm that a dairy operation does
not exist at this tine .
Ms . Gerstberger also contacted Mr. Wright and inspected his property with regard
to the dairy. Mr. Wright discussed the history of his dairy operation with Cathy
Gerstberger and the Staff determined that the dairy was a non-conforming use.
While the Special Use Permit regulations were adopted by the Board of County Com-
missioners in September of 1973, the zoning regulations as a whole (including
special use permits) were not adopted for your area of the County until January
of 1977. Mr. Wright has stated that his dairy was in operation prior to January
of 1977 and substantiated his claims by building permits issued in 1974. Because
his dairy was established prior to 1977 , it is considered a use that is nonconform-
ing to the zoning regulations ("grand-fathered in" so to speak) and is therefore
a legal use at this pcint. Also , I have enclosed copies of the inventory Mr.
Wright submitted for his dairy operation and copies of the correspondence which
took place between Vs . Gerstberger and Mr. Wright which you may want to keep for
your records .
;
X
Wr cr.: ME =a either _: r:. cr _ .—:- ealt:. standards vi :r regard
to drainage. However, I carrot half v0_ with the: dr0oiez as drainage does not
fail under zoning regulations. - Perhaps John Hail , Director of Environmental
Health Department, Weld County Health Department (phone 353-0540) can help you
with these problems.
I hope that this answers your questions . Thank you for the kind words in your
letter. Please let Mee know if I can be of further assistance t0 YOU.
Vickie Traxler
Assistant Zoning Administrator
VT/dr -
cc : Cathy E . Gerstberger, Zoning Inspector
Leonard Roe, County Co--issicner -
Enclosures
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X ;,
avna a—" _..t Mat or -tartnaud . _: is a parcel of the aid Smith farm. which was
-• ....en down to :mall acreages in - : have lived here far seven years, and until re-
cently, enjoyed it. The prcblez ? have now is that the neighbor East of me, J.L. %irzght,
has started a dairy and the odor, noise, and waste run off are a concern to my health and
,to my property value.
I have been looking into the legality of this dairy barn, and have talked to Vickie
Traxler, Assistant Zoning Administrator, Weld County. She gave me a list of requirements
for a Special Use Permit end I don' t think hr. Wright has complied with hardly any of the
necessary requirements. She did say that he did get a permit Oct. 10, 1974, # 4694, for
a "polled barn". There was no mention on record cf any dairy. I' d like to mention that
Ys. -railer is the firste - have ever talked who ll ng t t Government emr._r'ee to was will c help
me rind answers .
In the Sprinz, 1 talked to County -io er Roe, along with is5 Trailer, and I
asked them to treat this as a verbal, anonymous complaint. Later I was informed that
someone, I don' t know who, didn' t think '.- . Wright needed a Special Use Permit. I don' t
know why for sure. I called another County Commissioner, Korman Carlson, and he sent me
a copy of a letter received by Weld County Health Dept. , dated June 3, 1980, written by
Kathryn Dolan, _ .eeri ng Aide of Colorado Department of Health. feel that this
letter
••Ti- ^ ` � , I _
written by Miss Dolan is full of discrem.5ncies and is mainly concerned with the impact of
the dairy on State water, which is not relevant with my filed complaint. A copy of my
letter responding to Miss Dolan' s report is attached.
I would like to, have someone from the State Department of Health, other than Kathryn
Dolan, inspect this situation, and would like a copy of the Soil Study Report of the site,
which I believe should have been required.
• What this actually boils down to is: Mr. ::rl=ht built a polled barn in 1971 . Several
years later he starts a dairy, not complying with the Special Use Requirements. I believe
he should have had to file for a Special Use Permit, but if it was not required to start up
his dairy, I would like to know why not, and how my land can be properly protected from his
run-off. I haven' t complained until now because the dairy was small, but here recently, the
noise, odor, and waste problem has increased and there doesn't seer to be any concern for
my rights. At present, Mr. Wright is planning to upgrade from Grade E to A, and or sell the
dairy. Exactly how large can this dairy get, either with Mr. Wright, or under a new owner.
Any expan§icn of this dairy will definitely increase my current problems of waste run-off.
I ..old anpr: _ate a written rely regari_- E this rs .ter.
Sincerely, -
:,/�.%4:�i��—^{-jam•--�
David :-. Scheonner
:erte l Ecx ll ? b5 �\
_liar d, Colo. 00513 11, Ct��
_o SEP `SO
REG��vED
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I recently received a copy of a letter dated June 3, 19E.0, from Kathryn Dolan,
Engineering Aide, Permits Section, 1;ater guel` y Control Division,Colorado Dept. of
Health. This letter was sent to me by j cnn n�Carlson, lr'eld County Commissioner, Con—
cerning J.L. M1'r -t' s dairy, East of Berthoud. ..s. Do_a n's letter is full of d-_screp—
anc_es, as fcllc'.:s:
1 . ".'he barn is flushed daily, and the water directed to a pit just Forth of the pens.'
- No use is planned for the water." — I do not think that there is any pit North ;
of the pens; especially since his home is directly North of the barn.
2. "Runoff from the pens drains southwest, onto pastureland." — It is i.:.possible
for the drainage to run un hill to the Southwest.
"The nearest state waters is the 1:clnt.:re Ditch, - r-lo southwest." — I ar not
as concerned with state -eater as my our property, which receives rain drainage
from
i t. the 1' l re D= hyknowledge, isn' tState
S pastureland. Also, '.C nLy- .LC:. to m�
'.:ate , but a lateral carrier ditch.
L. "Due to the small amount of runoff involved (0.5 acre—feet) , sandy soil, . . . ." — The
ground in this area is classified as clay gumbo — putman shale, but not sandy. No
consideration is given to the fact that this dairy is located on the edge of a
swarm and that waste water is a monumental problem. Due to the slope of the ground,
all waste invariably will cause me problems .
I feel there should be another inspection of this dairy in the immediate future, by
someone other than Niss Dolan.
Sincerely,
•
David r. Scheopner
Route 1 ?pox 31B
Berthoud, Colo. 80513
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COLORADO
July 22 , 1980 N.
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Junior L. Wright
Highway 56, Rt. 1 , Box 32
Berthoud, CO 80513
co
RE: Won-conforming use dairy operation `V
Dear Mr . 8 Mrs . Wright:
Thank you for corning into see me on July 16, 1960 and presenting the inventory r
requested in my July 11 , 1980 letter to you . C
It is the Department of Planning Services determination, based on your inventory,
that you are a non-conforming use. If however as we discussed, you choose to
expand to include additional buildings , corrals or additional dairy cows , you
will be expanding this operation which does require a Special Use Permit. .>-
So long as any possible buyer or lessee of
your th
is operation will continue hin he as set forth in your inventory of July 16,be considered a non-conforming use. I suggest that you communicate to a possible
buyer that if they desire to expand the operation beyond what the facility is now
designed to handle, have said buyer contact our office so that we may explain the
Special Use Permit process required for an expansion of a dairy.
I have enjoyed working with you and I greatly appreciate the courtesy you have
shown me. 1
Very truly yours , v,
G y '
Cathy . Gerstbercer
Zoning Inspector
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MAILING LIST - DAVID SCHEOPNER
BOA-826:81:3
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Jack and Grace Ross
0650 Highway 56
Berthoud, Colorado 80513
Junior and Mary Wright
Route 1 Box 32
Berthoud, Colorado 80513
Tollgate Farms, Inc.
1301 S. Washington Street
Denver, Colorado 80210
Donald and Agnes Enright
1494 Greenbriar Blvd.
Boulder, Colorado 80302
James and June Elejah
c/o BNB
Box 400
Berthoud, Colorado 80513
Robert and Victoria Workman
Route 1 Box 88
Berthoud, Colorado 80513
Hello