HomeMy WebLinkAbout972061.tiff Certified Mail 0: P 614 191 327
8 August 1997
6707 WCR 19
Ft. Lupton, Colorado
80621
Bruce T. Barker
Weld County Attorney
915 10th Street -
Greeley, Colorado 80632
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Dear Bruce,
We have received a copy of your letter to Tom Hellerich
dated July 24 , 1997, referencing the meeting on July 17, 1997
between you, Todd Hodges, Julie Chester, Tom Hellerich, James
Dowd, and Elizabeth Wilson.
We appreciated your explaining that "prosecution" as
mentioned in your letter to Tom Hellerich dated July 7, 1997 was
"only for lack of a better word" and not because you intend to
pursue it.
We were especially happy to have your assurance because we
have since received a copy of the resolution adopted on July 8,
1997 by the Board of Weld County Commissioners. It states that
your office requested the Board "refer said alleged violation to
the County Attorney' s office for immediate legal action against
said property owners" .
Obviously, we would not have given up the opportunity to
present our case to the Board of County Commissioners in exchange
for the opportunity to be prosecuted.
You have a letter from our attorney dated July 15 which was
the date we first received a copy of your July 7 letter. Tom
Hellerich' s letter expressed our concern about your terminology
and confirmed that the conversation between the two of you agreed
only to the matter being referred to yout office to arrange a
meeting.
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It was not then and it is not now our intention to agree to
prosecution or any other legal action against us or "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" .
We would appreciate your correcting this misinformation with
the Board of County Commissioners and notifying us of the
corrected record.
Also, it seems to us that a copy of the July 8 County
Commissioner' s resolution should have been provided to us before
our meeting on July 17, so that we could have had an
understanding of what had already transpired. It was not sent to
us until July 22 .
At the July 17 meeting, we all agreed that nowhere in the
Weld County Zoning Ordinance is it written that we are in
violation by having a structure stored on iron. Todd stated that
the alleged violation is by "intent" . If it is the intent of the
Weld County Zoning Ordinance to prohibit this type of building
material , then the Ordinance should be rewritten to reflect that.
It certainly is not, nor has it ever been, our intention to
violate the Weld County Zoning Ordinance. If we had intended a
violation, we would have set the house down and used it rather
than applying for ZPAD-79.
We agreed to the meeting on July 17 in a good faith attempt
to explore alternative means of using the structure which we need
as an accessory dwelling to our farm.
At the meeting, Todd Hodges said he would send us the
packets of information on recorded exemptions, subdivision
exemptions, and minor subdivisions. We agreed to review the
possibilities and correspond with Planning according to the time-
frame outlined in your letter.
When we had not received any materials from Todd Hodges by
July 30, we had Mr. Hellerich contact you and Todd, who then sent
the packets to us. Because of the two week delay in sending the
materials, we need to add those two weeks to the dates that we
originally agreed upon, so that we can adequately review our
options and formulate a plan of action.
It should be noted that in reviewing the packets Todd sent,
the options you are offering will be considerably more expensive
than our original plan. In addition, our tax liability is
projected to be much higher.
We will present our initial plan to Todd Hodges by September
third. He can then review it and make recommendations to us by
September 10. We will notify you of our intended action by
September 19 and will commence action by October third.
Please contact us to confirm these new dates or if you have
any questions .
Sincerely,
Elizabeth A. Wilson
cc: Board of County Commissioners
Tom Hellerich, Attorney
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