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HomeMy WebLinkAbout920017.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE HEARING - PICRAUX 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, by Resolution dated October 22, 1979, the Board approved the Unit Development Plan for land located in part of Section 32, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, owned by Lyle Picraux, and WHEREAS, a Probable Cause Hearing before the Board was held on January 8, 1992, at which time the Board deemed it advisable to continue said matter until February 24, 1992 to allow Lyle Picraux adequate time to amend his Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this matter will be reconsidered by the Board on February 24, 1992, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of January, A.D. , 1992. / ///a, BOARD OF COUNTY COMMISSIONERS ATTEST: AL WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED Geo e Kennedy, Chairman BY: /� - � . Deputy Clerk to the Board____1, Constance L. Harber , Pro-Tem APPROVED AS F RM: EXCUSED C. W. Kirb ounty Attorney Gordo W. H. Webster 920017 cc_ = F , Ht, 64 , Hoof' ) rune/ ti-PO PROBABLE CAUSE DATE: January 8, 1992 CASE NUMBER: ZCH-81 (Z-312) NAME: Lyle J. and Betty L. Picraux 50 Weld County Road 3 Lafayette, CO 80026 LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 SW4 of Section 32, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: 50 Weld County Road 3 It is the opinion of the Department of Planning Services' staff that the following Development Standards for Commercial Unit Development //Z-312 are not in compliance: Standard Number 1 states: 1. The permitted uses on the hereon described property within the commercial unit development shall be those uses as listed in the Commercial zone district of the Weld county Zoning Resolution Adopted by the Weld county Board of County Commissioners. The present uses of the property are not in compliance with the uses allowed by the Weld County Zoning Resolution. Three mobile homes have been located ont he property without first having zoning permits and building permits approved. The Weld County Zoning Resolution allows one mobile home in the Commercial zone. Standard Number 2 states: 2. Agricultural production may be permitted. If agricultural productions is not pursued on all or any portion of the Commercial unit development that portion not in agricultural production shall be maintained in a manner so as to prevent fugitive dust, erosion, growth of noxious weeds, and non-ornamental ground cover shall not exceed 12 inches in height. Non-ornamental ground cover exceed 12 inches in height. Standard Number 3 states: 3. The minimum setback of buildings and the maximum height of buildings shall be in compliance with the requirements of the Commercial zone district as set forth in the Weld County Zoning Resolution. One mobile home and four signs do not meet the minimum setback requirement from the road right-of-way or future right-of-way (25 feet for structures and 15 feet for on site identification signs) . The minimum setback from the centerline of State Highway 7 is 100 feet for a structure and 90 feet for an on-site identification sign. The minimum setback from the centerline of Weld County Road 3 is 55 feet for a structure and 45 feet for an on-site identification sign. Standard Number 4 states: 4. The installation of signs shall conform to the specifications and requirements of the Weld County Zoning Resolution. Applicable permits shall be obtained prior to installation. The installation of signs do not conform to the specifications and requirements of the Weld County Zoning Resolution. Building permits were not obtained prior to installation and the signs do not meet the proper setbacks from the road rights-of-way or the future rights-of-way. Standard Number 5 states: 5. Uses of property shall comply with all County and State health standards and regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. The property is not in compliance with all County and State health standards. Proper sanitary disposal systems have not been installed on the mobile homes. Standard Number 9 states: 9. All construction, plumbing, and electrical work shall be done in accordance with the Weld County Building Code. All construction, plumbing, and electrical work has not been done in accordance with the Weld County Building Code. No building permits have been obtained for the placement of the mobile homes and signs. Standard Number 10 states: 10. Prior to construction of any structure within the unit development area a soils and foundation investigation shall be conducted by a qualified soils engineer to determine proper foundation design on the site. The soils and foundation investigation report shall be submitted to the Weld County Building Inspection Division with the building permit application. A soils and foundation investigation has not been conducted to determine proper foundation design for the mobile homes located on the property. Standard Number 12 states: 12. It is intended to use the retention pond area both as a storage area for drainage and a reservoir for fire protection. The retention pond area shall maintain a minimum amount of 25,000 gallons of water storage for fire protection. All fire protection facilities, including hydrants, shall be located in accordance with the recommendations of the Dacono area Fire Protection District as defined by letters from such district dated on December 1, 1977 and September 29, 1979 and on file with the Weld County Department of Planning Services. The Retention pond area does not appear to have a minimum of 25,000 gallons of water storage for fire protection and a dry hydrant has not been installed on site as required. Standard Number 13 states: 13. Adequate off-street parking shall be provided by the developer for customers and employees in accordance with the parking areas, which shall not be a part of the off-street parking. Adequate parking has not been provided. The requirement is one space of 10' X 20' for every 200 square feet of floor area. Standard Number 18 states: 18. A minimum of 15% of the total lot area shall be maintained as landscaped area (not covered by buildings or asphalt) . The developer shall be responsible for constructing and maintaining any greenbelts, natural buffer zones, or any other landscaped area. The landscaping plans shall include provisions for the re-seeding to natural grasses of all areas upon which the natural ground cover is removed by construction that are not otherwise covered. Said re-seeding shall be commenced upon completion of construction, but in the event such construction is completed after October 1 of any calendar year, said re-seeding shall be completed not later than May 1 of the following year. The landscape development, having once been installed shall be satisfactorily maintained. The Greenbelt, and natural buffer zone, and landscaped areas are not being maintained. Storage of materials are being conducted within the Greenbelt area. Standard Number 19 states: 19. The unit development plans shall be limited to the plans submitted and governed by the development standards stated above and applicable Weld County Regulations. Any material deviations from the plans and/or development standards as shown or stated above shall require the approval or an amendment to the unit development plan by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or development standards shall be permitted. Any other changes from the plans and/or development standards shall be filed in the office of the Department of Planning Services. The unit development plans are not limited to the plans submitted, approved standards, and applicable Weld County Regulations. No amendment has been submitted or approved for any such changes. DATE: January 8, 1992 VIOLATION NUMBER: ZCH-81 CASE NUMBER: Z-312 NAME: Lyle J. and Betty L. Picraux Address: 50 Weld County Road 3 Lafayette, CO 80026 LEGAL DESCRIPTION OF THE PROPERTY: Part of the SW4 SW4 of Section 32, T1N, R68W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY October 16, 1979 Change of Zone Case #312 was approved by the Board of County Commissioners. September 19, 1991 The property was inspected. It was determined that the property was not in compliance at that time. October 4, 1991 Violation letter mailed. October 22, 1991 Mr. Picraux inquired about the violation. Mr. Picraux indicated that he would write a letter regarding the violation. November 12, 1991 Received a letter from Mr. Pircaux regarding the violation. December 6, 1991 A letter reviewing the violation was sent to Mr. Picraux. December 9, 1991 The property was reinspected. December 16, 1991 Letter sent to the property owner indicating that the violation case would be heard in a probable cause hearing with the Board of County Commissioners on January 8, 1992. INSPECTION REPORT DATE: December 9, 1991 CASE NUMBER: ZCH-81 (Z-312) NAME: Lyle J. and Betty L. Picraux 50 Weld County Road 3 Lafayette, CO 80026 LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 SW4 of Section 32, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: 50 Weld County Road 3. The property was inspected to determine compliance. The property is not in compliance. Standard Number 1 states: 1. The permitted uses on the hereon described property within the commercial unit development shall be those uses as listed in the Commercial zone district of the Weld County Zoning Resolution adopted by the Weld County Board of County Commissioners. The present uses of the property are not in compliance with the uses allowed by the Weld County Zoning Resolution. Three mobile homes have been located on the property without first having zoning permits and building permits approved. The Weld County Zoning Resolution allows one mobile home in the Commercial zone. Signs and structures do not meet the minimum setback requirements. Standard Number 2 states: 2. Agricultural production may be permitted. If agricultural production is not pursued on all or any portion of the commercial unit development that portion not in agricultural production shall be maintained in a manner so as to prevent fugitive dust, erosion, growth of noxious weeds, and non- ornamental ground cover shall not exceed 12 inches in height. Non-ornamental ground cover exceeds 12 inches in height. Standard Number 3 states: 3. The minimum setback of buildings and the maximum height of buildings shall be in compliance with the requirements of the Commercial zone district as set forth in the Weld County Zoning Resolution. One mobile home and four signs do not meet the minimum setback requirement from the road right-of-way or future right-of-way (25 feet for structures and 15 feet for on site identification signs) . The minimum setback from the centerline of identification sign. The minimum setback from the centerline of Weld County Road 3 is 55 feet for a structure and 45 feet for an on-site identification sign. Standard Number 4 states: 4. The installation of signs shall conform to the specifications and requirements of the Weld County Zoning Resolution. Applicable permits shall be obtained prior to installation. The installation of signs do not conform to the specifications and requirements of the Weld County Zoning Resolution. Building permits were not obtained prior to installation and the signs do not meet the proper setbacks from the road rights-of-way or the future rights-of-way. Standard Number 5 states: 5. Uses of property shall comply with all County and State health standards and regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. The property is not in compliance with all County and State health standards. Proper sanitary disposal systems have not been installed on the mobile homes. Standard Number 9 states: 9. All construction, plumbing, and electrical work shall be done in accordance with the Weld County Building code. All construction, plumbing, and electrical work has not been done in accordance with the Weld County Building Code. No building permits have been obtained for the placement of the mobile homes and signs. Standard Number 10 states: 10. Prior to construction of any structure within the unit development area a soils and foundation investigation shall be conducted by a qualified soils engineer to determine proper foundation design on the site. The soils and foundation investigation report shall be submitted to the Weld County Building Inspection Division with the building permit application. A soils and foundation investigation has not been conducted to determine proposed foundation design for the mobile homes located on the property. Standard Number 12 states: 12. It is intended to use the retention pond area both as a storage area for drainage and a reservoir for fire protection. The retention pond area shall maintain a minimum amount of 25,000 gallons of water storage for fire protection. All fire protection facilities, including hydrants, shall be located in accordance with the recommendations of the Dacono area Fire Protection District as defined by letters from such district, dated on December 1, 1977 and September 29, 1979, and on file with the Weld County Department of Planning Services. nc•. -1�1 rs' t••• 4 • The Retention pond area does not appear to have a minimum of 25,000 gallons of water storage for fire protection and a dry hydrant has not been installed on site as required. Standard Number 13 states: 13. Adequate off-street parking shall be provided by the developer for customers and employees in accordance with the parking areas, which shall not be a part of the off-street parking. Adequate parking has not been provided. The requirement is one space of 10' X 20' for every 200 square feet of floor area. Standard Number 18 states: 18. A minimum of 15% of the total lot area shall be maintained as landscaped area (not covered by buildings or asphalt) . The developer shall be responsible for constructing and maintaining any greenbelts, natural buffer zones, or any other landscaped area. The landscaping plans shall include provisions for the re-seeding to natural grasses of all areas upon which the natural ground cover is removed by construction that are not otherwise covered. Said re-seeding shall be commenced upon completion of construction, but in the event such construction is completed after October 1, of any calendar year, said re-seeding shall be completed not later than May 1, of the following year. The landscape development, having once been installed shall be satisfactorily maintained. The Greenbelt, and natural buffer zone, and landscaped areas are not being maintained. Storage of materials are being conducted within the Greenbelt area. Standard Number 19 states: 19. The unit development plans shall be limited to the plans submitted and governed by the development standards stated above and applicable Weld County Regulations . Any material deviations from the plans and/or development standards as shown or stated above shall require the approval or an amendment to the unit development plan by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or development standards shall be permitted. Any other changes from the plans and/or development standards shall be filed in the office of the Department of Planning Services. The unit development plans are not limited to the plans submitted, approved standards, and applicable Weld County Regulations. No amendment has been submitted or approved for any such changes. To correct the violation the property would need to be maintained in compliance with the approved standards or an amendment would need to be submitted and approved. '!r.` sc/ ` 67:1 Current Planner 11 DEPARTMENT OF PLANNING SERVICES filf ark PHONE(303)356-4000, T.4400 915 10th STREET GREELEY,COLORADO 80631 Inge COLORADO December 6, 1991 Lyle J . and Betty L. Picraux P.O. Box 70 Lafayette, Co 80026 of the SW4 SW4 Subject: Zoning Violation ZCH #81 located on property in part of Section 32, T1N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Picraux: ovember 8 . I have reviewed feasibleuforr your letter the p operty dated beNmaintained in compliancean your with theetter. It standards.ls requires th that the property be maintained in compliance with e Standard Number 1 s permits and building permits must beuapp Zed fo Rand approved forn. To othelsignsland mobile homes located on the must be applied for and app property. Standard Number 2 requires that the non-ornamental ground cover be maintained at 12 inches or less. The local Soil Conservation your ro ertye may be of assistance to determine the best means of control for property. Standard Number 3 requires that the proper setbacks be maintained. For your property the minimum setback from the centerline of Weld County Road 3 is 55 feet setbacktfromutheacenterline of Statend 45 fee for anoHighwayi7eis1100afeet for tion sin. The minimum n-site a structurea and 90 feet for an on-site identification sign. wires that all signs comply with the Zoning Resolution. All signs do number t t e ro ert without proper signs do not meet the proper setbacks , are locate nrhertyp y building permits, and the number may exceed 2 per P P Standard Number 5 requires that the property be maintained in compliance with al l county and state health standards. The uses of the trailers require that they be connected to a sanitary disposal system and electrical work Standard Number 9 requires that all construction, plumbing lacement of the mobile homes and signs be completed in compliance with the Weld County Building Code. No Building permits have been obtained for the p located on the property. al l-`.• r.M..•«t Lyle J . and Betty L. Picraux December 6 , 1991 Page 2 Standard Number 10 requires that a soils and foundation investigation be conducted prior to the construction of any structure. No soils and foundation investigation has been completed for the mobile homes . Standard Number 12 requires that the retention pond be maintained with a minimum of 25 ,000 gallons of water storage for r contain 25 000 gallons of water otection and a dry hydrant be installleded T r . The retention pond does not appear to and a dry hydrant has not been installed. Standard Number 13 requires that adequate parking be provided. The parking requirement is one space, of 10 feet by 20 feet, for each 200 square feet of floor area. Standard Number 18 requires that a greenbelt, natural buffer zone and landscaped areas be maintained. These ares are not being maintained and materials are being stored within this area. Standard Number 19 requires that the uses of the property be limited to the plans submitted, the apprvveddevelopment t standards, nrds, and the maintained in applicable at this County time andono. ens property approved. time and no amendments to the plan have been submitted or To amend the Unit Development Plan a Change of Zone would need to be submitted and approved. Please write me if you have any questions. e1.-0 • S het L Current Planner pc: Case file .fir+., y49.+'� 1. Lyle and Betty Picraux PO Box 70 Lafayette, CO 80026 UOV 1 1991 November 8, 1991 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Keith Schuett: In reference to your letter of October 3, 1991 and our phone conversation of October 22, 1991 , at the present time given the economic state of the area, it is not feasable to fully complete all areas of unit development standards. Standard #1 . The trailers are for sale and stored on site, I see no need for permits or change of zone. Standard #2. Weeds & ground coverare cut or removed as best we can. Standard 1k 3. Mobile home is construction trailer & Storage. I have set it up temporary as a screen from the road. The set back is in question as to right of way, the signs are 15 ft back from the present rightof way and lave been in place since we first occupied the present zone except the Crafts & Gifts signs which have been removed. If you feel we still need permit on signs as they were installed years ago ae will apply for them. Standard #4. answered in #3. Standard #5. Sanatary disposal does not apply to parked or stored trailers we have approved sanatary disposal on site. Standard #9. Permits & electrical & plumbing are not needed on storage & for sale items. Standard #10. We have had a soil investigation on site for permanent buildings. I see no need for storage trailers and temporary structurs to have soils test. Standard 11 12. The retention area is an area dependant on funoff water it was originally planned for sizing to hold a minimum of 25,000 gallons of water for added fire protection when total area became developed as the fire chief stated they could handle the water needed at present time. The retained water could be pumped from pond if needed by simply placing suction hose in pond. Dry hydrant could be installed at a future development. I believe there to be at least 25,030 gallons of water in the pond at this time. Standard #13 Adequate parking is provided and more than meetsl0' X 20' for every 200sq ft of floor area. We have never had a parking problem. Page 1 Standard # 18. I would like to address and change green belt standards, as in this dry area it is difficult to maintain a green belt. I would like to reduce the green belt to 5% and use trees and shrubs where possible with natural grasses, this to be done adjacent to area developed only along road number 3 and highway number 7. Standard #19. At this time I have no major plans to change the operation on unit development from its original use as construction yard,• material and equipment sales from the beginning usage only that I an utilizing more of the area for storage, at this time I see no change in the requirements needed. As per our phone conversation you ask .chat was our plans in the future, at this time I have no plans to change from themes it is now construction yard and sales which was approved at original approval. If you can list specific items that are to be done at this time I will consider them and let you know if I approve of doing them now. If you have any further questions please contact me. Sinzerely, Lyle Picraux INSPECTION REPORT NAME: Lyle J. and Betty L. Picraux LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 SW4 of Section 32, T1N, R68W of the 6th P.M. , Weld County, Colorado. DATE OF INSPECTION: September 19, 1991 CASE NUMBER: ZCH #81 The property was inspected to determine compliance with the development standards approved for the Commercial Unit Development #Z-312. The property is not in compliance with Development Standards Numbers 1, 2, 3, 4, 5, 9, 10, 12, 13, 18, and 19. Standard Number 1 states: The permitted uses on the hereon described property within the commercial unit development shall be those uses as listed in the Commercial zone district of the Weld County Zoning Resolution adopted by the Weld County Board of County Commissioners. The present uses of the property are not in compliance with the uses allowed by the WELD COUNTY ZONING RESOLUTION. Three mobile homes have been located on the property without first having zoning permits and building permits approved. Standard Number 2 states: Agricultural production may be permitted. If agricultural production is not pursued on all or any portion of the commercial unit development that portion not in Agricultural production shall be maintained in a manner so as to prevent fugitive dust, erosion, growth of noxious weeds, and non- ornamental ground cover shall no exceed 12 inches in height. Non-ornamental ground cover exceeds 12 inches in height. Standard Number 3 states: The minimum setback of buildings and the maximum height of buildings shall be in compliance with the requirements of the Commercial zone district as set forth in the Weld County Zoning Resolution. One mobile home and four signs do not meet the minimum setback requirement from the road rights-of-way or future right-of-way (25 feet for structures and 15 feet for signs) . Standard Number 4 states: The installation of signs shall conform to the specifications and requirements of the Weld County Zoning Resolution. Applicable permits shall be obtained prior to installation. The installation of signs do not conform to the specifications and requirements of the Weld County Zoning Resolution. Building permits were not obtained prior to installation and the signs do not meet the proper setbacks from the road riekts-of-way or future rights-of-way. INSPECTION REPORT Lyle J. and Betty L. Picraux Page 2 Standard Number 5 states: Uses of property shall comply with all county and state health standards and regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. The property is not in compliance with all county and state health standards. Proper sanitary disposal systems have not been installed to the mobile homes. Standard Number 9 states: All construction, plumbing, and electrical work shall be done in accordance with the Weld County Building Code. All construction , plumbing, and electrical work has not been done in accordance with the Weld County Building Code. No building permits have been obtained for the placement of the mobile homes and signs. Standard Number 10 states: Prior to construction of any structures within the unit development area a soils and foundation investigation shall be conducted by a qualified soils engineer to determine proper foundation design on the site. The soils and foundation investigation report shall be submitted to the Weld County Building Inspection Division with the building permit application. A soils and foundation investigation has not been conducted to determine proper foundation design for the mobile homes located on the property. Standard Number 12 states: It is intended to use the retention pond area both as a storage area for drainage and a reservoir for fire protection. The retention pond area shall maintain a minimum amount of 25,000 gallons of water storage for fire protection. All fire protection facilities, including hydrants, shall be located in accordance with the recommendations of the Dacono Area Fire Protection District as defined by letters from such district dated on December 1, 1977 and September 29, 1979 and on file with the Weld County Department of Planning Services. The retention pond area does not have a minimum of 25,000 Gallons of water storage for fire protection and a dry hydrant has not been installed on site as required. Standard Number 13 states: Adequate off-street parking shall be provided by the developer for customers and employees in accordance with the parking areas, which shall not be a part of the off-street parking. Adequate parking has not been provided. the requirement is one space of 10' X 20' for every 200 square feet of floor area. es I-s. is . INSPECTION REPORT Lyle J. and Betty L. Picraux Page 3 Standard Number 18 states: A minimum of 15% of the total lot area shall be maintained as landscaped area (not covered by buildings or asphalt) . The developer shall be responsible for constructing and maintaining any greenbelts, natural buffer zones, or any other landscaped areas. The landscaping plans shall include provisions for the re-seeding to natural grasses of all areas upon which the natural ground cover is removed by construction that are not otherwise covered. Said re-seeding shall be commenced upon completion of construction, but in the event such construction is completed after October 1 of any calendar year, said re-seeding shall be completed not later than May 1 of the following year. The landscape development, having once been installed shall be satisfactorily maintained. The Greenbelt, and natural buffer zone, and landscaped areas are not being maintained. Storage of materials are being conducted within the Greenbelt area. Standard number 19 states: The unit development plans shall be limited to the plan submitted and governed by the development standards stated above and applicable Weld County Regulations. Any material deviations from the plans and/or development standards as shown or stated above shall require the approval or an amendment to the unit development plan by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or development standards shall be permitted. Any other changes from the plans and/or development standards shall be filed in the office of the Department of Planning Services. The unit development plans are not limited to the plans submitted, approved standards, and applicable Weld County Regulations. No amendment has been approved by the Weld County Planning Commission and the Board of County Commissioners. • 11 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4300 915 10th STREET 11 1 GREELEY,COLORADO 80631 e COLORADO October 3 , 1991 Lyle J. and Betty L. Picraux P.O. Box 70 Lafayette, CO 80026 Subject: ZCH-81 Dear Mr. and Mrs. Picraux: An on-site inspection of your property was conducted on September 19, 1991, to determine if the Conditions of Approval and the Development Standards placed on your property at the time Z-312:78:16 was approved by the Board of County Commissioners are in compliance. The inspection revealed violations of Development Standards 0 1, 2, 3, 4, 5, 9, 10, 12, 13, 18, and 19. A copy of these items from the approved resolution are enclosed. The Change of Zone area must be brought into compliance with the Development Standards within 30 days from the dace of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners . If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Change of Zone permit. If you have information that may clear up this matter, please call or write. Sincerely, KsSchuett'�� Current Planner enclosures pc: Lyle J . and Betty L. Picraux 50 Weld County Road 3 Lafayette, CO 80026 Hello