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Home My WebLink About20222183.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING APPEAL OF THE DECISION BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING SERVICES CONCERNING CODE COMPLIANCE, COMP22-00160 - MICHAEL MARQUARDT AND HAVILAH LILLY 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, pursuant to Section 2-4-10 of the Weld County Code, the Board of County Commissioners considered the appeal submitted by the appellants, Michael Marquardt and Havilah Lilly, 11506 County Road 13, Firestone, Colorado 80504, concerning the decision by the Director of the Department of Planning Services to not pursue Code Compliance enforcement for alleged lighting issues generated on the adjacent property owned by Tom and Deanna Adams, located at 11416 County Road 13, Longmont, Colorado 80504, and WHEREAS, the Board heard testimony and took evidence from staff and the appellants, and WHEREAS, upon consideration of such appeal, including a review of all information submitted by the appellants and the Department of Planning Services, a motion was made to deny the appeal of Michael Marquardt and Havilah Lilly, and WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the concurrence of three of the members of the Board is required to approve a Resolution, and WHEREAS, said motion to deny the appeal received only two affirmative votes and therefore failed; and the effect of the failure to obtain a majority vote is a denial of the motion, and WHEREAS, there was no motion to grant the appeal. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Michael Marquardt and Havilah Lilly, be, and hereby is, denied. cc:PLCTP/nN/BP), cACea/cP), FWPL Ifi/22 2022-2183 PL0073 APPEAL FOR CODE COMPLIANCE COMPLAINT, COMP22-00160 — MICHAEL MARQUARDT AND HAVILAH LILLY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of July, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WEL[yJCOUNTY, COLORADO ATTEST: ditAm) Sc Weld County Clerk to the Board t K. James, Chair teve Moreno County Attorney Date of signature: $/31122 (NAY) (AYE) AYE 2022-2183 PL0073 MEMORANDUM To: Board of County Commissioners Cc: Bruce Barker, Weld County Attorney Caitlin Perry, Assistant Weld County Attorney Bethany Pascoe, Code Compliance Officer (DPS) Esther Gesick, Clerk to the Board From: Tom Parko, Director of Planning Services Subject: Article IV — Hearings Section 2-4-10 — Appeal regarding Case No. COMP22- 00160 Date: July 13, 2022 Before the Board of County Commissioners is an appeal brought forth by owners of property located at 11416 WCR 13 (aka Colorado Blvd). The owners filed a complaint with the Department of Planning Services concerning a lighting issue on a neighboring property. Please see the correspondence prepared by Bell Gould Linder & Scott, P.C. who represent the property owners that filed the complaint. For reference, below is the code section pertaining to the appeal. Chapter 2, Article IV Sec. 2-4-10. Appeals process. The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken by County boards, commissions and departments. Except for decisions made by the Board of Adjustment and Uniform Building Code Board of Appeals, procedure for appeals shall be as set forth in this Chapter, by resolution of the Board, or as otherwise provided by law. A. Any person appealing an action by a County board, commission or department to the Board of County Commissioners shall file such a complaint, in writing, with the Clerk to the Board within sixty (60) days of the incident in question. Appeals concerning purchases or procurements made in accordance with Chapter 5, Article IV, of this Code shall be filed within five (5) days of the incident in question. B. Such complaint shall include: 1. The name of the employee, board, commission or department against which the complaint is made. SERVICE, TEAMWORK, INTEGRITY, QUALITY 2022-2183 01/21 .()-13 2. A description of the basic facts involved in the complaint. C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to be held within fifteen (15) days of the filing of the complaint, and shall notify all parties involved in the incident. D. The Board of County Commissioners shall hear all the available facts pertinent to the incident, may schedule a second hearing within thirty (30) days following the initial hearing if the Board determines such a need, and shall render a determination within thirty (30) days of the final hearing. E. No person shall be denied the right to appeal, provided that he or she complies with the administrative procedures established by the Board. The issue for consideration before the Board of County Commissioners can be summarized by the owner's legal counsel which reads, "It is with this backdrop that Mr. Marquardt and Mrs. Lilly have chosen to appeal the decision rendered by Weld County Zoning and Planning in Case No. COMP22-00160. The purpose of this appeal is to directly address the plain language of the code and request that Mr. and Mrs. Adams either place a down -facing shield on the problem light or require the light to be permanently removed." Chapter 23, Article Ill, Division I, Section 23-3-70.F states, "Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights maybe used which may be confused with or construed as traffic control devices". In my opinion, the code section listed above does not say that the sources of light shall be down -facing. The code says that sources of light "shall be shielded". The light fixture as depicted in the photos has a shield on top of the light. The shield prevents the light from escaping in an upwards direction. The code section does not say beams or rays of light will not shine directly into adjacent properties. The code say's "beams or rays of light will not shine directly onto adjacent properties". The light fixture in question is not located on a property line where the light would shine directly onto the neighboring property. The light fixture is located approximately 330 feet to the southwest of Mr. Marquardt's and Ms. Lilly's residence. In addition, the bulk requirements in the Agricultural Zone District have no lumen requirements, and we don't regulate the intensity of the light. Weld County does not have a Dark Sky Policy. SERVICE, TEAMWORK, INTEGRITY, QUALITY Finally, the light does not create a traffic hazard to operators of motor vehicles of public or private streets and roads. The Department of Planning Services checked with the Town of Firestone's Police Chief (County Road 13 is under Firestone's jurisdiction) and the Police Chief responded in an email dated July 11, 2022 (attached to my correspondence) indicating they have received no complaints about the light creating a hazard or safety concern to the motoring public. My recommendation is that the light, although bright, meets the bulk requirements for lighting under Section 23-3-70.F and should be allowed. SERVICE, TEAMWORK, INTEGRITY, QUALITY 11/22/2021 Initial Complaint regarding lighting received (COMP21-00380) on ACA. 11/23/2021 Closed as No Violation by Hannah Duttrow as historically handled. 11/23/2021 Complaint placed regarding Ag Buildings without permits received (COMP21-00385) on ACA. 11/23/2021 Courtesy Letter sent by Tonya Johnson, Building Compliance. 12/21/2021 AGR21-0242 - 38x60 POLE FRAME AG EXEMPT ADDITION ON DIRT TO EXISTING AG EXEMPT BARN BUILT IN 2005 - ELECTRICAL AND PLUMBING PERMITTED SEPARATELY - FOR HORSES, FEED AND BEDDING STORAGE - ALREADY BUILT 12/21/2021 AGR21-0241 - FIVE 12X12 AG -EXEMPT STEEL LEAN-TO/LOAFING SHEDS W/ DIRT FLOOR - NO UTILITIES - FOR HORSES - ALREADY BUILT 12/21/2021 AGR21-0240 - 24X36 AG -EXEMPT POLE FRAME BARN W/ DIRT FLOOR - NO UTILITIES - FOR HAY AND FEED - ALREADY BUILT 01/27/2022 ASA22-0005 - INSTALL ELECTRICAL SERVICE, ARENA LIGHTING, 300' WATER LINE TO EXISTING AG -EXEMPT BUILDING BUILT IN 2005 - FOR LIGHTS AND AUTOMATIC WATERS - ALREADY BUILT 02/14/2022 Complaint (COMP22-00041) received about lighting received. BP 02/15/2022 I e -mailed Mr. & Mrs. Adams about lighting complaint. BP 02/17/2022 I received an e -mailed response claiming the lighting to be directly associated with Agricultural uses and protection of livestock from predators with supporting documentation. (See attached) labeled 021722 Supporting Documentation. BP 02/17/2022 Presented Tom Parko, Director with Ag Use for lighting and Complaint case (COMP22- 00041) closed as No Violation. BP 03/16/2022 AGR21-0242, AGR21-0241 & AGR21-00240 — Final Approved — DPowell 04/01/2022 ASE22-0037 - INSTALL 100 AMP ELECTRICAL SERVICE FOR WIRING TO HORSE WALKER AND STORAGE SHED 04/13/2022 04/28/2022 Complaint received (COMP22-00160) about light blight via letter from Bell Gould Linder & Scott P.C. BP 04/15/2022 ASA22-0005 - Final Electric Approved — Dpowell 04/21/2022 County Attorney's Office advised staff to reinspect lighting complaint. 04/28/2022 Response to letter of Complaint sent to Complainants (Bell Gould Linder & Scott P.C.). 04/29/2022 Courtesy letter (COMP22-00160) sent to Property Owners, Mr. & Mrs. Adams. 05/06/2022 Pictures submitted by Property Owners, Mr. & Mrs. Adams. 05/06/2022 Complaint (COMP22-00160) closed as No Violation by TJohnson, Building Compliance. 05/10/2022 Property inspected by Bpascoe from Road Right -of -Way (Colorado Blvd). BP 05/13/2022 Complaint (COMP22-00160) closed as No Violation by Bpascoe, Zoning Compliance after discussing with Staff and Director, Tom Parko. 06/02/2022 Zoom meeting held between Jeremy E Scott (Attorney), Mr. Marquardt, Mrs. Lillie, myself, Bethany Pascoe, Robert Adriaens, Building Official and Caitlin Perry, Assistant Weld County Attorney. 06/03/2022 Pictures & Videos sent from Complainant. 06/10/2022 BOA, Board of Appeals application submitted to Tom Parko, Director with a new letter of Complaint. 06/28/2022 ASE22-0037 — Final Approval — DPowell Pictures from Complainant as well as Property Owner available upon request. From: To: Subject: Date: Bethany Pascoe Tom Parko Jr. FW: 11416 Colorado Blvd Monday, July 11, 2022 1:38:03 PM **FYI** No Complaints to Firestone PD. From: Michelle Powers <MPowers@firestoneco.gov> Sent: Monday, July 11, 2022 12:55 PM To: Bethany Pascoe <bpascoe@weldgov.com> Subject: 11416 Colorado Blvd ( Atli ion: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Bethany, We have not received any complaints about lighting from this address causing any traffic complaints as far as I am aware. From: Bethany Pascoe [mai to:bpascoeewe dgov.com] Sent: Monday, July 11, 2022 11:16 AM To: David Angelo <dange oPFirestoneCO.gov> Cc: Tom Parko Jr. <toarko(Wweldgov.com> Subject: 11416 Colorado Blvd CAUTION: This email originated from outside of the Town of Firestone. Do not click links or open attachments unless you can confirm the sender and know the content is safe Property Owner: Tom & Deanna Adams Good morning. My name is Bethany Pascoe. I am with Code Compliance. We have been receiving lighting complaints regarding the above mentioned property (and property owners). Since the road has been annexed at this location. my Director. Tom Parko asked me to reach out to see if you have been receiving any complaints regarding lighting causing traffic issues??? Thank -you in advance. If you have any additional questions or comments, please feel free to contact me. If you would like to meet in person, please schedule an appointment as I am frequently in other meetings or out in the field and not in the office. Thank -you in advance. Bethany Pascoe Code Compliance Officer II Weld County Department of Planning Services 1555 N 17th Ave Greeley, Co 80631 970-400-3555 (direct) 970-400-6100 (general) 970-304-6498 (fax) bpascoe@weldgov.com Michelle Powers, #802 Firestone Police Department Community Services Officer III 9900 Park Avenue, Firestone, CO 80504 Office: 303-833-0811 ext. 3802 Fax: 303-531-6271 The following e-mail and attachments (if any), contain information that is CONFIDENTIAL, is FOR LAW ENFORCEMENT USE ONLY, and may constitute NON-PUBLIC INFORMATION. It is intended to be conveyed only to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender at (303) 833-0811. UNAUTHORIZED USE, DISSEMINATION, DISTRIBUTION, OR REPRODUCTION OF THIS MESSAGE AND ATTACHMENTS (IF ANY) IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. irl-Illi WELD ONLINE alairli° C COUNTY MAPPING Ma Title L • ; ,. # _... VY li/1 tV • 1a ` [� a I , 1 1 - t I ,.. I Legend — c-. y j r1 3 1 k ,� rt ;j Parcels 3 ; r rr ri if ...fr.' f / f Address Highway Label Jam-- f �, .' • •- ... � r r.. �... County Boundary 3 Lai . i r e et •1 11 ; l / r _. I i• i� ,i , /rr I. * , _ si nt«. •;:, *. ,4 / I : r - 1 J 1 .$ r teleGn+•ngR..M\wwv. rtw. i D n/.ir -' r w.yb I'J .. _ ..� • 1 1 X11' • • 1 . • • 1 ELI►i1 nri�I ► • r• '£ j . i•. .1 .. Y r , j . { t r r ty f �y[` . lr el'. 4' � �L. -1 1 �� f r� ri J. t ill -•a r ..... .... .. �►11,. �. �al�' w f f { r F irzstone :CT; rctiEri Yi •Ie li. n rrr �', ' , , •'..y.A.: , S*NI,,,'.\ _•1, - ell ... :. (.` `'L/ r -• • ---r '' i_ Ir 1 ?Z. ..._.. r1 ---- r:lKCJ�IxL'JtVL-{• - Ly�U ye f Ij _ 1 t fir 4� ; �i1 y1 . ... .. .• )j 1 � � � � • �� I .1 w- fir r! f 1 ..- i� , • � , ,�T 414 'ti' ,w ,., \ ;t - __ trr�il� �,.� 1, 1: 13,405CO Notes / / 2,234.2 WGS c Weld 1984_ County 0 1,117.12 Web Mercator Auxiliary Sphere Colorado 2,234.2 Feet This map is a user generated static output from reference only. Data layers that appear on this THIS MAP IS NOT an Internet map current, TO BE mapping may or may or USED not otherwise FOR NAVIGATION site and be accurate, reliable is for •WELD !IrPit jig:at, ONLINE COUNTY MAPPING Mao Title • • Legend Parcels • Highway CountyBoundary 11 1■ s .74 ft Li !0 {I)il rre� CL Is 1 , j R 11 1 G 11 a 1 ,.■ S • X f 1 5 , ` 11 se 11 1 o 1 I. 1 .. A 279.3 0 139.64 279.3 Feet This map is a user generated static output from an Internet mapping site and is fOr reference only. Data layers thatappear on this map may or may not be accurate, .. I hell .. ..: ...NAVIGATION Fr"COUNTY .. . ONLINE MAPPING • • • • • Parcels Highway Marquardt' t Property Boundary _...._.,, _ „ , ... .. ..,.... . .. .., _. _. ... - , _ _ _ _ i .. Adams • #1 i OS I 4.. Sore I 4 - .411.7 4_8 ,...... {..2., ...... . Property . - _ .... , 411487 ,, ' . _.. 1 1 489 _ Light - . 1478 arit 11 b 0 1 4 h 11. 1 1 .7 . .cs 11 431 1 3 1. - . 0 D o 1 iMPI II) 1 Ti 1 5 %a • 676 0 Notes 279.3 •.. 279.3 This .. is a usergenerated static output • Internet .II • site . and is for Data layers this . . accurate, reference only. . appear on .. . . . WGS 1984 -. Mercator- current,otherwise reliable BELL GOULD LINDER & SCOTT, Pc. 318 East Oak Street I Fort Collins, Colorado 80524 I tel 970.493.8999 fax 970.224.9188 I www.bell-lawcom July 8, 2022 Esther E. Gesick, Clerk to the Board Weld County Board of Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80631 Re: Appeal to Weld County Board of County Commissioners Code Compliance/ Enforcement Complaint No. COMP22-00160 Property: 11416 Weld County Rd 13/11416 Colorado Blvd, Weld County Parcel No. 131106300069 Dear Ms. Gesick: RECEIVED JUL 0 8 2022 WELD COUNTY COMMISSIONERS Enclosed herewith please find the appeal submission for our clients, Michael Marquardt and Havilah Lilly. This appeal is submitted to the Weld County Board of Commissioners pursuant to Weld County Code § 2-4-10. Please process this appeal and inform us as to when our clients may present their case to the Board of County Commissioners. Very truly yours, Jeremy E. Scott cc: Clients Gregory S. Bell Matthew T. Gould J. Peter Linder Jeremy E. Scott Frederick S. Long qj emu, BOARD OF ADJUSTMENT (BOA) PROCEDURAL GUIDE DEPARTMENT OF PLANNING SERVICES 11555 N. 17TH AVENUE, GREELEY, CO 80631 www.weldoov.com 1970-400-6100 I FAX 970-304-6498 Please indicate the type of Appeal (check one) and provide the specific appeal information as well as the completed application materials listed below. APPLICATION SUBMITTAL REQUIREMENTS X Appeal of an Administrative Decision as explained in Section 23-6-20 of the Weld County Code. _A_ A specific citation of the section of Chapter 23 which is the subject of disagreement, a written description of the grounds for the appeal and the reasons held by the appellant for the favored interpretation. Appeal for Interpretation of Zone District Boundaries or Lot Lines as explained in Section 23-6-30 of the Weld County Code. Written and graphic materials serving as evidence sufficient to document the location of the zone district boundary or lot line alleged to be true and proper by the appellant. Appeal for Variance as explained in Section 23-6-40 of the Weld County Code. A plot plan showing the location of existing features, such as structures, fences, streams, public or private rights -of -way and streets/roads, access, etc. The plot plan shall include all proposed structures. A copy of a deed, purchase contract or other legal instrument indicating that the applicant has an interest in said property. A statement that demonstrates that special conditions and circumstances exist which are peculiar to the lot, structure or building involved and which are not applicable to other lots, structures or buildings in the same zoning district. A statement that demonstrates that literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other property owners in the same zoning district under the terms of this Chapter. A statement that demonstrates that the special conditions or circumstances do not result solely from the actions of the appellant. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. (See attached.) Evidence that demonstrates that the variance requested is the minimum variance that will make possible the reasonable use of the lot, building or structure. All appeals listed above also require the following: X Application form. (See attached). X Authorization form, if applicable. (See attached). N/A Incorporation documents if the owner is a business entity (LLC, etc.), or trust documents. X One digital or electronic copy of completed application materials, if required. X Any other relevant information which may be required by the Department of Planning Services. X Application fee (see below.) N/A Investigation fee, due only if this is a violation case. (50% of the application fee.) 8/19/21 BOARD OF ADJUSTMENT (BOA) PROCEDURAL GUIDE HEARINGS/MEETINGS PROCESSING TIME Board of Adjustment Hearing 75 days APPLICATION TYPE FEE ➢ Appeal of an Administrative Decision $ 200.00 ➢ Appeal for Interpretation of Zone District Boundaries or Lot Lines $ 200.00 ➢ Appeal for Variance $1000.00 Fees are non-refundable and due when the application is determined to be complete. Fees are set by the Board of County Commissioners. County Staff is not authorized to negotiate fees and cannot, under any circumstance, waive, reduce, or amend the fees set forth in the Weld County Planning Fee Schedule. It is the applicant's responsibility to meet the application requirements outlined in Article VI of Chapter 23 of the Weld County Code (available online at www.weldgov.com). No appeal application shall be assigned a case number to be reviewed until all required items on the submittal checklist have been completed and submitted to the Department of Planning Services. The Department of Planning Services is responsible for reviewing and processing the application in accordance with Article VI of Chapter 23 of the Weld County Code. The planner will post one or more notification signs on the property. For variances, the planner will also mail notice to owners of property within 500 feet of the subject property. The Board of Adjustment will hold a public hearing and make a decision concerning the application in accordance with Article VI of Chapter 23 of the Weld County Code. For appeals of administrative decisions and interpretation of zone district boundaries or lot lines, the concurring vote of 4 of the 5 members of the Board of Adjustment is necessary in order to decide in favor of the appellant. For variances, the concurring vote of 3 of the 5 members of the Board of Adjustment is necessary in order to decide in favor of the appellant. A quorum of 4 of the 5 members must be present in order for the Board to hear the case. The applicant should attend all hearings scheduled for consideration of the application in order to present the proposal and answer any questions. The applicant is also encouraged to communicate with the planner assigned to process and review the application once it has been submitted in order to keep up to date with any developments pertaining to the application. For variances, it is also recommended that the applicant contact owners of property within at least 500 feet of the subject property about the proposed use prior to applying. Do not attempt to contact Board of Adjustment members about your project. Staff are available to assist the applicants through this process. For questions, please visit the Department of Planning Services at 1555 N. 17th Avenue, Greeley, Colorado or call us at (970) 400-6100. 8/19/21 2 CONTACT INFORMATION AND OFFICE LOCATIONS Weld County Planning and Zoning Planning Floodplain Administration 1555 N 17. Avenue Greeley, CO 80631 (970) 400-6100 www.weldaov.com/Government/Deoartments/Planninq- and-Zoning Weld County Building Inspection Building Permits Department of Planning 1555 N. l7"' Avenue Greeley, CO 80631 (970) 400-6100 www.weldaov.com/Government/Departments/Building Weld County Development Review Access Permits Engineering 1555 N. l7"' Avenue Greeley, CO 80631 (970) 400-6100 www.weldaov.com/Government/Departments/Planninq- and-Zoning Weld County Department of Public Health and Environment Weld County Septic Permits On Site Waste Water Systems (OWTS) 1555 N 17th Avenue Greeley, CO 80631 (970) 304-6415 www.weldgov.com/departments/health and environment Colorado Department of Transportation (CDOT) 10601 W. 10"' Street Greeley, CO 80634 (970) 353-1232 www.codot. aov/ Division of Water Resources Water Wells 1313 Sherman St. Room 818 Denver, CO 80203 (303) 866-3581 810 Ninth St Second Floor Greeley, CO 80631 (970) 352-8712 https://dwr.colorado.aov/ Well Permitting Information: https://dwr.colorado. qov/services/well-permitting Soil Conservation Districts Big Thompson (Fort Collins) — 970-493-1638 Boulder Valley (Longmont) — 303-776-4034 Centennial — 970-522-7440 x3 Fort Collins — 970-221-0611 Morgan — 970-867-9659 x4 Platte Valley (Brighton) — 303-857-6721 Southeast Weld (Brighton) — 303-659-7004 x101 West Adams (Brighton) — 303-659-2080 West Greeley — 970-356-8097 x 3 www.coloradoacd.org Colorado Geological Survey Division of Minerals and Geology 1313 Sherman Street Room 715 Denver, CO 80203 (303) 384-2643 www.coloradoaeologicalsurvev.orq 8/19/21 BOARD OF ADJUSTMENT (BOA) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Pse indicate the type of Appeal (check one): ILI' of an Administrative Decision. Code section: 23-3-70(F) Appeal for Interpretation of Zone District Boundaries. Appeal for Interpretation of Lot Lines. Appeal for Variance. Code section: PROPERTY INFORMATION (Attach additional sheets if necessary.) Is the property currently in violation? No /hYes Violation Case Number: COMP22--00160 Site Address: 11416 WELD COUNTY ROAD 13/11416 COLORADO BLVD. Parcel Number: 131106300069 _ _ _ _ Legal Description: Section: 6 , Township 2 N, Range 67 W Zoning District: A Acreage: 3.57 Within subdivision?DNo /DYes Townsite?DNo /DYes If yes, subdivision or townsite name: FloodplainDNo /DYes Geological Hazard ENo /❑Yes Airport Overlay f No /DYes PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: DEANNA AND TOM ADAMS Company: Phone #: 303-901-7791/303-931-1815Email: DALLBIRDS@AOL.COM Street Address: 11416 WELD COUNTY ROAD 13 City/State/Zip Code: LONGMONT, CO 80504 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: MICHAEL MARQUARDT/HAVILAH LILLY Company: Phone #: 720-250-7668/720-341-3730Email: MIKE@ROCCMALL.COM/HAVILAH@BRUNOLILLYLEGAL.COM Street Address: 11506 COUNTY ROAD 13 City/State/Zip Code: FIRESTONE, CO 80504 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. Signature MICHAEL MARQUARDT Date Signature HAVILAH LILLY Print Print Date 8/19121 5 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We), MICHAEL MARQUARDT/HAVILAH LILLY , give permission to JEREMY ("JED") E. SCOTT (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 11506 WELD COUNTY ROAD 13, FIRESTONE, CO 80504 Legal Description: of Section 6 , Township 2 N, Range 67 W Subdivision Name: Lot Block Property Owners Information: Address: 11506 WELD COUNTY ROAD 13, FIRESTONE, CO 80504 Phone: 720-250-7668;720-341-3730 E-mail: MIKE@ROCCMALL.COM;HAVILAH@BRUNOLILLY.COM Authorized Agent/Applicant Contact Information: Address: BELL, GOULD, LINDER & SCOTT, PC, 318 E. OAK STREET, FT. COLLINS, CO 80524 Phone: 970-493-8999 X1206 E -Mail: JEDSCOTT@BELL-LAW.COM; SMATTHEWS@BELL-LAW.COM Correspondence to be sent to: Owner _EL Authorized Agent/Applicant by: Mail Email Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date Date Owner Signature Owner Signature Subscribed and sworn to before me this My commission expires day of , 20 by Notary Public BELL GOULD LINDER & SCOTT, PC. 318 Eat Oak Street Fort Collins, Colorado 80524 tel 970.493.8999 Fax 970.224.9t88 www.bell-law.corr, June 10, 2022 Via Hand Delivery Weld County Board of Administration c/o Weld County Planning & Zoning 1555 N. 17th Avenue Greeley, CO 80631 Re: Appeal to Weld County Board of Adjustment Code Compliance/Enforcement Complaint No. COMP22-00160 Property: 11416 Weld County Rd. 13/11416 Colorado Blvd., Weld County Parcel No. 131106300069 Dear Board Members: This firm represents Michael Marquardt and Havilah Lilly, who are the owners of the residential property located at 11506 WCR 13. Mr. Marquardt and Mrs. Lilly purchased their property in 2017. Since moving into their home, Deanna and Tom Adams have owned the neighboring property located at 11416 Weld County Rd. 13 (also identified as 11416 Colorado Blvd.). At the time our clients moved into their home, there was no outdoor light trespass from the Adams' property onto our clients' property. A photo of the preexisting condition is hereby attached to this letter and incorporated by reference as Exhibit 1. For reasons unknown, that changed a few years after our clients moved in. Sometime in 2019, Mr. and Mrs. Adams appear to have installed a large industrial LED flood light on the very northeast corner of their extended riding arena, with the light directed to the north. The light is positioned in a 45° manner to be directed above the horizon line of the Adams' property, which is directly in line to our clients' residence. This light shines directly into our clients' master bedroom and all their south and west facing windows. A photo of this light taken on March 22, 2022 is hereby attached to this letter and incorporated by reference as Exhibit 2. The Adams' property is under 4 acres and is zoned agricultural. It is comprised of a single residence and five horses. On information and belief, none of the property is used for the production of agriculture, the surface contains very little vegetation, and Mr. and Mrs. Adams operate a commercial trucking company from the property. ory S. Dell Matthew _r Could 1. Peter Linder lerenoy F=. Scott Frederick S. Loop WELD COUNTY CODE COMPLIANCE June 10, 2022 Page 2 Beginning in the winter of 2020-2021, Mr. and Mrs. Adams started to leave the newly installed light at issue illuminated past 10:00 PM in the evening until around midnight and occasionally until 4:00 AM. As you can imagine, this became a major disruption to our clients' ability to gain restful sleep. In April 2021, Mr. Marquardt sent a polite message to the Adams asking them to shield their light. Mr. and Mrs. Adams did not install a shield on the light. However, they did keep the light off until the end of September 2021. In September 2021, Mr. and Mrs. Adams, again, began leaving the light illuminated until around midnight. By November, they were consistently leaving the light illuminated until 1:00 AM, sometimes until 4:00 AM. In the winter, this light would turn on at approximately 6:00 PM. On March 24, 2022, nearly a year later, the undersigned counsel was engaged and followed prior correspondence with a letter to Mr. and Mrs. Adams' counsel, again attempting to resolve this situation in a sensible fashion. Exhibit 3. Furthermore, Mr. Marquardt and Mrs. Lilly have attempted to mitigate the impact by purchasing two sets of black out curtains for each bedroom window in their home and by planting a hedge that will be fully grown in approximately 20 years. However, this light is incredibly bright and the tone mimics sunlight resulting in light penetrating their blackout curtains, inhibiting their ability to gain restful sleep. The inability to sleep continues to negatively affect our clients in their work performance and everyday life. They are perpetually exhausted. Due to the lumens and angle of the light fixture, the light, a Type IV forward -throw LED wall pack which is designed to direct all the light into one broad direction, is visible all the way to Highway 66, over 2.5 miles away. There continues to be no shield on this light, broadcasting it well beyond Mr. and Mrs. Adams' property. Section 23-3-70 of the Weld County Code states: "(F) Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties. Neither .the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices." The light at issue is not in compliance with Weld County Code, and we do not believe the Adams' have a permit or variance that would allow this light to operate in its current condition. Specifically, there is no shield over the light preventing it from shining onto adjacent properties, including our clients', nor onto the road as contemplated under the Code. WELD COUNTY CODE COMPLIANCE June 10, 2022 Page 3 Accordingly, on April 13, 2022, our clients submitted a formal complaint with Weld County, addressed to Code Enforcement Officer Bethany Pascoe (Zoning Compliance Officer for South Division/Division 2) requesting that Code Compliance investigate this situation, to include a visit to the 11416 WCR 13 property after dark when the light is on, to witness the real impacts of the light as installed/used. Exhibit 4. On April 29, 2022, Ms. Pascoe mailed a notice of noncompliance to Mr. and Mrs. Adams regarding the Complaint filed by our clients. Exhibit 5. In that letter, the Adamses were instructed to either remove the light causing the problem or place a down -cast shield on it to prevent the light from leaving the Adamses' property. On May 10, 2022, Ms. Pascoe conducted a site inspection of the Adams' property. Then, on May 13, 2022, Ms. Pascoe forwarded an email to undersigned counsel's office along with her close letter stating the "Complaint has been closed again as No Violation. The light in question already has partial shielding installed..." Exhibits 6 and 7. The complaint was closed without the removal of the light or installation of a down -cast shield. At no time during the complaint process was there communication between Weld County and our clients. To our knowledge, the only communication prior to issuance of the close letter was between Weld County and Mr. and Mrs. Adams. Furthermore, no one from the County visited the property at night when the light is illuminated, contacted our office, or contacted our clients during the inspection. Rather, the County accepted a clearly erroneous light reading conducted by Mr. and Mrs. Adams (not an independent third party or the County) as fact. We intend on providing evidence at a hearing that would show that (1) a zero light reading in a city is not possible due to the lights contained within the city landscape, (2) Mr. and Mrs. Adams used the light meter incorrectly when they measured the light behind buildings creating shadows and by not directing the light meter at the industrial light when taking the reading, and (3) the actual light measurements when the meter is used correctly. To be clear: this is not a trivial matter; our clients' daily lives are significantly impacted by this code violation. Not only does the light blight directly impact the daily lives of our clients by impacting their sleep schedule, but they are also concerned that the light is attracting predators that they have worked hard to keep away. Specifically, coyotes have entered the Marquardt/Lilly property and killed several of their chickens. The light acts as an attraction to surrounding predators rather than a deterrent. Consequently, Mr. Marquardt and Mrs. Lilly are at a loss as to why the County has not followed through on this real, continuing violation of its Zoning Code. To further understand the reasoning of the County, they requested a meeting to discuss this matter, which was scheduled for June 2, 2022. On June 2, 2022, a "Zoom" meeting occurred between undersigned counsel, Mr. Marquardt and Mrs. Lilly, Ms. Pascoe and her colleague, and Weld County Assistant Attorney Catlin Perry. Prior to the June 2 meeting, and in preparation for the same, WELD COUNTY CODE COMPLIANCE June 10, 2022 Page 4 19 photographs and a short video taken the night of May 16, 2022, were provided to Ms. Pascoe and Ms. Perry. Those photos and video show the light blight that clearly exists on our clients' property from the Adams' light. Ms. Pascoe and Ms. Perry confirmed they reviewed the photos and videos prior to the June 2 meeting. A CD containing those photos and videos is hereby attached and incorporated by reference as Exhibit 8. During the meeting, Ms. Pascoe explained that in 20 years she has never enforced a light blight complaint and she only attempted to validate the complaint after her supervisor instructed her to initially proceed with the investigation. Subsequently, she closed the complaint, indicating that she was "following orders from above" and that investigation of light blight complaints is either not important or not necessary from an enforcement perspective. Furthermore, Ms. Pascoe advised that she does not have a light meter, does not know how to operate a light meter, and does not know what the readings mean. Meanwhile, code enforcement accepted "light readings" from the offending party as dispositive of the matter, but with no device certification, no documentation of authenticity, and no way to verify proper device operation. Additionally, we respectfully disagree with any assertion by code enforcement that there is a "top and side shield on the light." For example, the "top and side shield on the light that Ms. Pascoe identifies in her Close Letter is the black housing body of the light. Exhibit 9. That housing is integral to its construction, as it contains the interior lighting mechanisms; it is not a shield that extends past the body of the light with the purpose of blocking or directing light. Instead of being shielded or pointed down, this light fixture is aimed straight out from the side of the building where it is mounted, parallel to the ground, and shines directly outward, towards our clients' property as clearly seen in the photos submitted herewith. It has no shield directing, reducing, or blocking any of the light emitted. It is with this backdrop that Mr. Marquardt and Mrs. Lilly have chosen to appeal the decision rendered by Weld County Zoning and Planning in Case No. COMP22- 00160. The purpose of this appeal is to directly address the plain language of the code and request that Mr. and Mrs. Adams either place a down -facing shield on the problem light or require the light to be permanently removed. We appreciate the Board's review of this matter and look forward to the opportunity to discuss these issues at the public hearing to be scheduled. Thank you. Very truly yours, Jeremy E. Scott Attorney for Applicants Michael Marquardt and Havilah Lilly Enclosures cc: Clients N d A EXHIBIT BELL GOULD LINDER & SCOTT, P.C. p8 East Oak Street Fort Collins. Colorado 80524 tel 970.493.8999 fax 970424.9188 www.bell-law.com March 24, 2022 Via Emaik smorgan@morganlaxplIc.com and US Mail Stephen C. Morgan, Esq. Morgan Law PLLC 721 5th Avenue Longmont, CO 80501 RE: Adams/ Lilly & Marquardt Dear Mr. Morgan: Jeremy E. Scott Attorney at Law jedscott@bell-law.com This firm represents Havilah Lilly and Michael Marquardt and based upon past correspondence I understand that you represent Dee and Tom Adams. If that still is the case, then please direct all future correspondence regarding this matter to this office, my attention; if it isn't, then please advise me who currently represents Mr. and Mrs. Adams. I recognize that there is a history between these neighbors, which I do not intend to revisit now. Instead, a new matter has been presented to me that needs to be addressed and, in the spirit of good faith/cooperation, we want to discuss this first informally with Mr. and Mrs. Adams before considering other options. The placement and aim of lights located on the Adams' outbuilding broadcasts for some distance and shines directly onto the Lilly -Marquardt property, home and sleeping quarters. See, Exhibit A. Apparently, the light(s) in question were installed sometime in 2021, approximately 4 years after Mrs. Lilly and Mr. Marquardt purchased their property. The impact of the lights upon the Lilly -Marquardt property/household is not trivial and occurs daily; sleep deprivation is a direct consequence from the location, placement and aim of the lights . My clients have attempted to deal with this on their own by installing darkening curtains in their sleeping quarters, but the lights are so bright that the curtains provide little relief. And so, in the interest of maintaining a good faith, neighborly relationship between these parties, I bring this to your attention and request that a sensible solution be found that would result in shielding the lights. I understand that your clients may claim that they are entitled to keep and broadcast the lights as they see fit, claiming safe harbor under Colorado's "Right to Farm" Law, C.R.S. §§ 35-3.5-101 to — 103 (2021). Whether your clients' operation even qualifies as an "agricultural operation" as recognized under state/local law and whether such operation was established prior to the commencement of the use of the area for non-agricultural activities is something we may have to consider/address; but regardless of the answer to that question, an agricultural operation still is expected to employ methods or practices that are commonly and reasonably associated with such operations and are not done so negligently. See C.R.S. § 35-3.5-102(2)(a). Here, pursuant to code, Gregory S. Bell Matthew T. Gould J. Peter Linder Jeremy E. Scott Letter to S. Morgan, Esq. RE: Adams — Lilly & Marquardt March 24, 2022 Page 2 lights are required to be shielded so that beams or rays of light do not shine directly onto adjacent properties. Weld County Code § 23-3-70(P). Thus, there appears to be a simple/straightforward "fix" to the current situation: if a down -facing shield is installed or another measure is taken to minimize the broadcast of the lights beyond the Adams' property and onto neighboring properties then the problem is solved. Efforts made by Mr. and Mrs. Adams to accommodate this most basic request and to reduce the impacts upon the Lilly - Marquardt property with respect to the lights will go a long way in keeping the peace between these parties. A solution to this situation needs to be found, and quickly. To that end, I welcome an open conversation on this and am happy to visit with you about the details if you are so inclined. Please let me know by close of business next Wednesday, March 30, 2022, whether your clients will cooperate in providing relief to their neighbors, or if they propose another reasonable solution. Thanks, and I look forward to hearing from you. Very truly yours, Jeremy E. Scott cc: Clients i r. • .00r: .P BELL GOULD LINDER & SCOTT, P.C. 318 East Oak Street Fort Collins, Colorado 80524 April 13, 2022 tel 970.493.8999 Via Email: bpascoe@weldgov.com and Certified US Mail Bethany Pascoe, Zoning Compliance Officer South Division/Division 2 Weld County Zoning and Planning Dept. P.O. Box 758 Greeley, CO 80632 fax 970.224.9188 I www.bell-law.corn Re: Code Compliance/Enforcement Request 11416 Weld County Rd. 13/11416 Colorado Blvd., Weld County Parcel No. 131106300069 Dear Ms. Pascoe: This firm represents Michael Marquardt and Havilah Lilly, who are the owners of the residential property located at 11506 WCR 13. Mr. Marquardt and Ms. Lilly purchased their property in 2017. Since moving into their home, Deanna and Tom Adams have owned the neighboring property located at 11416 Weld County Rd. 13 (also identified as 11416 Colorado Blvd.). At that time our clients moved into their home, there was no outdoor light trespass from the Adams' property onto our clients' property. For reasons unknown, that changed a few years after our clients moved in. Sometime in 2019, Mr. and Mrs. Adams appear to have installed a large industrial LED flood light on the very northeast corner of their extended riding arena, with the light directed to the north. The light is positioned in a 45° manner to be directed above the horizon line of the Adams' property, which is directly in line to our clients' residence. This light shines directly into our clients' master bedroom and all their south and west facing windows. A photo of this light taken on March 22, 2022 is attached to this letter as Exhibit 1. The Adams' property is under 4 acres and is zoned agriculture containing a single residence and five pleasure horses. On information and belief, none of the property is used for the production of agriculture, the surface contains very little vegetation, and Mr. and Mrs. Adams operate a commercial trucking company from the property. Beginning in the winter of 2020-2021, Mr. and Mrs. Adams started to leave the light on well past 10:00 PM in the evening until around midnight and would sometimes leave it on until 4:00 AM. As you can imagine, this became a major disruption to our clients' sleep. Gregory S. Bell Matthew T. Gould J. Peter Linder Jeremy E. Scott WELD COUNTY CODE COMPLIANCE April 13, 2022 Page 2 In April, 2021, Mr Marquardt sent a polite message to the Adamses asking them if they could shield their light Mr and Mrs Adams did not install a shield on the light However, they kept the light off until the end of September 2021 In September 2021, Mr and Mrs Adams again began leaving the light on until around midnight By November, they were leaving the light on consistently until 1 00 AM in the morning and again sometimes until 4 00 AM In the winter, this light would turn on at approximately 6 00 PM Mr Marquardt and Mrs Lilly attempted to mitigate the impacts by purchasing black out curtains for their home However, the light is so bright and the color is so similar to daylight that it still penetrates the blackout curtains and disrupts their sleep The inability to sleep continues to negatively affect our clients in their work performance and everyday life They are exhausted day after day Due to the lumens and angle of the light fixture, the light is visible all the way to Highway 66, over 2 5 miles away There continues to be no shield on this light, broadcasting it well beyond Mr and Mrs Adams' property Section 23-3-70 of the Weld County Code states (F) Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS No colored lights may be used which may be confused with or construed as traffic control devices The light at issue is not in compliance with Weld County Code, and we do not believe they have a permit that would allow this light to operate in its current condition Specifically, there is no shield over the light preventing it from shining onto adjacent properties, including our clients', nor onto the road Accordingly, by and through this letter a complaint is formally lodged with Weld County and we request that Code Compliance investigate this situation, to include a visit to the 11416 WCR 13 property after dark when the light is on WELD COUNTY CODE COMPLIANCE April 13, 2022 Page 3 If you have any questions or would like to discuss this matter further, please feel free to contact our firm. We would appreciate your response to this correspondence on or before Friday, April 22, 2022. Thank you. Very truly yours, Jeremy E. Scott JES/sjm Enclosure cc: Clients i it IL ✓ir ,r _ _ :+3,41•ItrIsCs t • 838302.04 BELL GOULD UNDER & SCOTT, P.C. 318 East Oak Street I Fort Collins, CO 80524 t '; _.;e,3tWiMtLi eaflgoo ^ztanevOiiiii wt§al"3ra titi x4≥Vamf:aWit .. was aVl aXRw 11111 111111 ii11111111 7019 2280 0001 6365 9256 BETHANY PASCOE, ZONING COMPLIANCE OFFICER SOUTH DIVISION/DIVISION 2 WELD COUNTY ZONING AND PLANNING P.O. BOX 758 GREELEY, CO 80632 $4480 US POSTAGE FIRST-CLASS 06250011405498 FROM 80524 April 29, 2022 ADAMS TOM L & DEANNA L 11416 COLORADO BLVD LONGMONT CO 80504 Case Number: Legal Description: Situs Address: To Whom it May Concern: Department of Planning Services Code Compliance N 2 EXHIBIT 5 COMP22-00160 PT SW4 6-2-67 LOT B REC EXEMPT RE -3065 (.21 R) 11416 COLORADO BLVD 1555 North 17th Avenue Greeley Co 80631 WEBSITE: www.weldgov.com E-mail: pascoe_ftweldgov.com Phone: 970-400-3555 Fax: 970-304-6498 Our office received another complaint regarding the light leaving your property and polluting the property North of your property. Please be advised that staff has been directed that light pollution is a violation of Chapter 23. You may refer to the following sections of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District. 23-3-20 Uses allowed by right outside of subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one(1) or more of the following USES. 23-3-30 Accessory uses outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. 23-3-70 Bulk Requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. 23-3-70.F Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. Therefore, please be advised to correct this violation, either the light causing the light pollution shall be removed or a down -cast shield must be placed so as to prohibit the light from leaving your property. A condition has also been placed on your open Electric permit (ASE22-0037). Compliance records are now visible to the public through the Citizen Access portal through our web page. Please visit https://accela-aca.co.weld.co.us/citizenaccess/Default aspx and go to the Enforcement tab. You can search by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if you have any questions. Any information you have that may help to resolve this matter will be useful 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 feel free to contact me at the provided number Regards, Bethany Pascoe Code Compliance Officer II File COMP22-00160 Ec ceperry@weldgov com jedscottAbell-law com From: Bethany Pascoe To: Shannon Matthews; Jed Scott Cc: Caitlin Perry; Tom Parko Jr. Subject: RE: 11416 Colorado Blvd --Light Blight Complaint Date: Friday, May 13, 2022 10:42:35 AM Attachments: image001.pnq 051322 CLOSE Letter.pdf EXHIBIT 4 Shannon, Thank -you for reaching back out. I was just finishing discussing this complaint and findings with our Director, Tom Parko. Both Vr. Adams, the property owner submitted evidence for our records as well as I conducted another site inspection on May 10, 2022. This Complaint has been closed again as No Violation. The light in question already has partial shielding installed, which is zoomed in on the picture sent with the closure letter. For your records, please see the attached closure letter. am sorry we can not be of further assistance regarding this issue. Bethany Pascoe Zoning Compliance Officer II Weld County Department of Planning Services 1555 N 17th Ave Greeley, Co 80631 970-400-3555 (direct) 970-400-6100 (general) 970-304-6498 (fax) bpascoe@weldgov.com From: Shannon Matthews <SMatthews@bell-law.com> Sent: Friday, May 13, 2022 9:21 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Jed Scott <jedscott@bell-law.com> Cc: Caitlin Perry <ceperry@weldgov.com> Subject: RE: 11416 Colorado Blvd --Light Blight Complaint Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Ms. Pascoe. Thank you for your continued assistance with this matter. We see online that a "complaint inspection" was apparently performed and this matter was "marked as closed no violation" on or about Vay 6, 2022 by Tonya Johnson. We believe that there are several issues pending relating to Mr. and Ms. Adams' property at 11416 Colorado Blvd. As such, we are writing to confirm if the light blight complaint filed by our clients was indeed the complaint which was closed and marked as "no violation." If it is our clients' complaint which was closed with no violation noted, could you please explain why? We are unaware that the offending light has been shielded as required, and per your April 29, 2022 letter to the Adamses. Could you advise of the timing permitted for the Adamses to comply with the light shield requirement? If no shield is installed on the light, could you advise what enforcement options are available? Please feel free to contact our office by phone if that is easier for you, or to respond by email We appreciate any further information and insight you can provide regarding this matter Thank you' Shannon Matthews I Legal Assistant Bell, Gould, Linder & Scott, P C 318 E Oak Street Fort Collins, CO 80524 t 970 493 8999 x 1211 I f 970 224 9188 Ei From Bethany Pascoe <bpascoeiwweldgov com> Sent Thursday, April 28, 2022 3 20 PM To Jed Scott <jedscott@bell-law com>, Shannon Matthews <SMatthews@bell-law com> Cc Caitlin Perry <ceperry@weldgov com> Subject RE 11416 Colorado Blvd Please see the attached letters for your records Thank -you in advance Bethany Pascoe Zoning Compliance Officer II Weld County Department of Planning Services 1555 N 17th Ave Greeley, Co 80631 970-400-3555 (direct) 970-400-6100 (general) 970-304-6498 (fax) bpascoel>weldgov com DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division d 3 EXHIBIT Close Letter May 13. 2022 ADAMS TOM L & DEANNA L 11416 COUNTY ROAD 13 LONGMONT CO 80504 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.weldgov.com E-MAIL: bpascoe@weldgov.com PHONE: 970-400-3555 FAX: 970-304-6498 Subject: COMP22-00160 Situs Address: 11416 CR 13 Legal Description: PT SW4 6-2-67 LOT B REC EXEMPT RE -3065 (.21 R) To Whom it May Concern: The Weld County Department of Planning Services Staff has closed the code complaint case on your property as described below: as staff has documentation of light readings showing the light reading as being "0" before the property line on which the complaint was received. Furthermore, there is a top and side shield on the light. All of this information in addition to the property owner utilizing the light to protect his livestock and to care of his livestock. Compliance records are now visible to the public through the Citizen Access portal through our web page. Please visit <https://accela-aca.co.weld.co.us/citizenaccess/> and go to the Enforcement tab. You can search by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if you have any questions. Thank you for your cooperation in this matter. 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. Regards, \,,,teiNsett- Bethany Pascoe Code Compliance Officer File: COMP22-00160 Ec: jedscott@bell-law.com smatthews@bell-law.com Caitlin Perry, Assistant Weld County Attorney via: ceperry@weldgov.com Tom Parka Director of Planning Services via: tparko@weldgov.com EXHIBIT 1 8 • sash S Esther Gesick From: Esther Gesick Sent: Tuesday, July 12, 2022 11:10 AM To: Shannon Matthews; Caitlin Perry; Tom Parko Jr.; Jed Scott; Bruce Barker Cc: Chloe White; Karin McDougal; Matthew Conroy; Havilah Lilly; Mike Marquardt; Esther Gesick Subject: RE: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Hello Shannon, Thank you for the written waiver. Appeal requests are not a separate docketed item of business, and the deadline for county departmental staff to submit items for the July 27th Agenda is 10:30 a.m. the Monday prior, so at this time I really have no way of knowing what other business will be conducted or how long the Board meeting will take. However, once I receive the information prepared by the Planning Services Director, I will be sure to forward that to your attention for review, along with a copy of the published Agenda, so you can plan your time accordingly at that point. DATE: July 27, 2022 TIME: 9:00 a.m. LOCATION: Weld County Administration Building Assembly Room 1150 'O' Street Greeley, CO 80631 Using the email addresses above, I will also provide a courtesy calendar appointment should you wish to accept it. If you need anything further, please let me know. Regards, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Shannon Matthews <SMatthews@bell-law.com> Sent: Tuesday, July 12, 2022 10:47 AM To: Caitlin Perry <ceperry@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jed Scott <jedscott@bell-law.com>; Bruce Barker <bbarker@weldgov.com> Cc: Chloe White <cwhite@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Matthew Conroy <mconroy@weldgov.com>; Havilah Lilly <havilah.lilly@gmail.com>; Mike Marquardt <mike@roccmall.com> Subject: RE: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly 1 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Esther. Given Ms. Perry's response below, our office and our clients (also cc'd here) would like to waive the 15 day hearing requirement and set this matter for hearing on Wednesday, July 27. Could you please confirm how long the hearing will be scheduled for and confirm its exact location? Thank you! Shannon Matthews I Legal Assistant Bell, Gould, Linder & Scott, P.C. 318 E. Oak Street Fort Collins, CO 80524 t. 970.493.8999 x 1211 I f. 970.224.9188 0R BELL COULD LINtwR & SCOTT. P.G. From: Caitlin Perry <ceperry@weldgov.com> Sent: Tuesday, July 12, 2022 10:32 AM To: Shannon Matthews <SMatthews@bell-law.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weidgov.com>; Jed Scott <jedscott@bell-law.com>; Bruce Barker <bbarker@weldgov.com> Cc: Chloe White <cwhite@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Matthew Conroy <mconroy@weldgov.com> Subject: RE: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly I am not available on July 27th but the County Attorney will be in attendance. Caitlin Perry Assistant County Attorney Weld County Attorney's Office 1150 "O" Street P.O. Box 758 Greeley, CO 80631 970-400-4394 STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Shannon Matthews <SMatthews@bell-law.com> Sent: Tuesday, July 12, 2022 10:18 AM To: Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Jed Scott <:edscott@bell-law.com>; 2 Bruce Barker <bbarker@weldgov.com> Cc: Chloe White <cwhite@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Caitlin Perry <ceperry@weldgov.com>; Matthew Conroy <mconroy@weldgov.com> Subject: RE: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, all! I'm just following up as I didn't see a response from Ms. Perry as to her availability on July 27, but perhaps I wasn't copied on that response. Thank you! Shannon Matthews I Legal Assistant Bell, Gould, Linder & Scott, P.C. 318 E. Oak Street Fort Collins, CO 80524 t. 970.493.8999 x 1211 I f. 970.224.9188 BELL GOULD UNDER & SCOTt it From: Tom Parko Jr. <tparko@weldgov.com> Sent: Monday, July 11, 2022 1:10 PM To: Esther Gesick <egesick@weldgov.com>; Shannon Matthews <SMatthews@bell-law.com>; Jed Scott < law.com>; Bruce Barker <bbarker@weldgov.com> Cc: Chloe White <cwhite@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Caitlin Perry <ceperry@weldgov.com>; Matthew Conroy <mconroy@weldgov.com> Subject: RE: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Good afternoon Esther, I'm available on both of those dates. Tom edscott@bell- From: Esther Gesick <egesick@weldgov.com> Sent: Monday, July 11, 2022 12:43 PM To: Shannon Matthews <SMatthews@bell-law.com>; Jed Scott <jedscott@bell-law.com>; Tom Parko Jr. <tparko@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Cc: Chloe White <cwhite@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Caitlin Perry <ceperry@weldgov.com>; Matthew Conroy <mconroy@weldgov.com> Subject: RE: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Hello Shannon, July 27th is an option; however, Commissioner Lori Saine will be absent. August 10th is also available. By copy on this message, I'm including the County Attorney and Mr. Parko to inquire whether either of those dates will fit their schedules. 3 Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Shannon Matthews <SMatthews@bell-law.com> Sent: Monday, July 11, 2022 11:30 AM To: Esther Gesick <egesick@weldgov.com>; Jed Scott <jedscott@bell-law.com> Cc: Chloe White <cwhite@weldgov.com> Subject: RE: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Esther. Thank you for your quick response! Unfortunately, Jed is in Court the morning of July 20. Would the Commissioners be available on Wednesday, July 27 for this hearing? If not that date, we would also propose Wednesday August 10. Please let us know and we can provide the required waiver and any additional documentation. Thank you! Shannon Matthews I Legal Assistant Bell, Gould, Linder & Scott, P.C. 318 E. Oak Street Fort Collins, CO 80524 t, 970.493.8999 x 1211 I f. 970.224.9188 BELL GOULD LINDER & SCOTT. PG From: Esther Gesick <egesick@weldgov.com> Sent: Friday, July 8, 2022 3:49 PM To: Jed Scott <jedscott@bell-law.com>; Shannon Matthews <SMatthews@bell-law.com> Cc: Esther Gesick <egesick@weldgov.com>; Chloe White <cwhite@weldgov.com> Subject: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Hello Mr. Scott, In response to the appeal packet that was delivered today, I am reaching out to coordinate a hearing. Will you be available to attend a hearing on Wednesday, July 20, 2022, at 9:00 a.m.? 4 Please respond and let me know if that date/time will work for you and your clients, or provide a written waiver of the 15 -day requirement and propose a Monday or Wednesday date that works for you. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. <tparko@weldgov.com> Sent: Friday, July 8, 2022 3:17 PM To: Esther Gesick <egesick@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com>; Caitlin Perry <ceperry@weldgov.com> rry @ we l dgov. co m> Cc: Chloe White <cwhite@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: RE: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Esther, Good afternoon. I am available on July 20th and I don't have any problem preparing a response and recommendation before then. Tom From: Esther Gesick <egesick@weldgov.com> Sent: Friday, July 8, 2022 3:08 PM To: Tom Parko Jr. <tparko@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com>; Caitlin Perry <ceperry@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Chloe White <cwhite@weldgov.com>; Bruce Barker <bbarker@weldgov.com> Subject: Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Hello Tom, Bethany and Caitlin, The attached appeal packet was hand -delivered to CTB this afternoon. Pursuant to Section 2-4-10 of the Weld County Code, this matter will need to be scheduled with the Board no later than July 20th. Will that date work for staff to prepare a response/recommendation and attend a hearing? Esther E. Gesick Clerk to the Board 1150 OStreet /P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 5 Esther Gesick From: Sent. To: Cc Subject: Attachments: Tom and Deanna Adams, Esther Gesick Wednesday, July 20, 2022 2 04 PM dallbirds@aol com Tom Parko Jr, Bethany Pascoe, Wendi Inloes, Bruce Barker, Karin McDougal, Caitlin Perry, Matthew Conroy, CTB Appeal - COMP22-00160 - Michael Marquardt and Havilah Lilly Appeal COMP22-00160 - Michael Marquardt and Havilah Lilly pdf Pursuant to Section 2-4-10 of the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the date/time specified below The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 E-mail messages sent to an individual Commissioner may not be included in the case file To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE- July 27, 2022 TIME: 900am a m APPELLANTS: Michael Marquardt and Havilah Lilly REQUEST: Appeal concerning the Decision by the Director of the Department of Planning Services to Deny the Request for Code Compliance Enforcement for alleged lighting issues generated on property located at 11416 County Road 13, Longmont, Colorado 80504 Regards, Esther E. Gesick Clerk to the Board 1150 O Street/P O Box 758/Greeley, CO 80632 tel (970) 400-4226 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it a addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited ), Esther Gesick Subject: Attachments: FW: Appeal COMP22-00160 Marquardt & Lilly Position Statement.pdf From: Stephen Morgan <smorgan@morganlawpllc.com> Sent: Tuesday, July 26, 2O22 10:36 AM To: Esther Gesick <egesick@weldgov.com> Subject: Re: Appeal COMP22-00160 Marquardt & Lilly Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Esther, Attached please find a short position statement on behalf of the Adamses to be included in the Board's packet. If you are able to send me a copy of the Agenda for tomorrow's meeting, I would be appreciative. Stephen On Mon, Jul 25, 2022 at 3:34 PM Esther Gesick <egesick@weldgov.com>wrote: Hello Stephen, Thanks for your flexibility to end our call and follow-up with your email! I've copied the Planning and Legal staff in this response so they are aware. We will be scanning all of the Agenda packet contents throughout the day tomorrow, so ideally, if you can have your contents submitted to me by 1:00 p.m. tomorrow, that would be helpful. As for length of time to speak, during land use hearings the Chair typically affords 3-5 minutes for testimony from surrounding property owners. I realize this is a different situation, but they will have the written testimony, so any oral presentation does not need to be redundant of that. If you have any further questions, please let me know. Regards, Esther E. Gesick Clerk to the Board 1150 OStreet /P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please 1 immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Stephen Morgan <smorgan@morganlawpllc.com> Sent: Monday, July 25, 2022 2:12 PM To: Esther Gesick <egesick@weldgov.com> Subject: Appeal COMP22-00160 Marquardt & Lilly Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Ester, Thanks for taking my call. My remaining questions are: 1. What is the deadline to submit materials for the Board's packet? I don't believe it will be extensive but we certainly want to support the County's position. 2. Board Agenda - Curious how much time is allotted to the hearing & position statements. Stephen MorganLaw PLLC REAL ESTATE LAW ESTATE PLANNING BUSINESS LAW LITIGATION Stephen C. Morgan, Esq. "Legal representation with Dedication & Integrity" 721 5th Avenue, Longmont, CO 80501 MorganLawPLLC.com 720-899-2065 Call or Text Connect on Linkedln CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, proprietary or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney -client privilege, that may attach to this communication. Thank you. 2 July 26, 2022 REAL ESTATE LAW ESTATE PLANNING BUSINESS LAW LITIGATION MORGAN LAW PLLC STEPHEN C. MORGAN, ESQ. 721 5TH Ave. Longmont. CO 80501 smorgan@morganlawpllc.com 720-899-2065 CaLtorText RE: Appeal COMP22-00160 POSITION STATEMENT OF LANDOWNERS TOM & DEE ADAMS On behalf of my clients, Tom and Dee Adams, I submit the following: The Adams have owned the property at 11416 WCR 13 since 1996. The property consists of a main residence, a barn and 5 horse sheds in separate pens on just over 3.5 acres. See Exhibit 1. The zoning is Other Agricultural, which allows for keeping horses as well as other agricultural endeavors on the property. The light in question was installed for the protection and safety of the Adams and their horses. The horses are competitive barrel horses and quite valuable. Care -taking for the horses often required visiting the pens at night to administer food or medicine as well as safe -guarding them from predators in the area. Coyotes have been seen prowling their property.as well as the Complainants' neighboring property. While Claimants believe that the coyotes are attracted to my clients' light, in fact the opposite is true: Coyotes and other predators dislike bright lights. See, for example, https://outdooralive.com/will-lights-keep-coyotes-away/. To scare off the predators and to provide visibility and safety for the Adams, the light was installed on the north -facing wall of the barn to shine directly on their 5 horse sheds and the ground between the barn and the sheds. See Exhibits 2 &3. The light is similar to many others sold at Home Depot or Lowe's. The Adams & I whole-heartedly concur with the Compliance Department's dismissal of the Complaint as no violation of § 23-3-70.F exists. The key language of the code is that "Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." The term "directly" must be misleading, as it has confused the Complainants and their counsel: This language does not mean that the light must not be seen from the adjacent property; it only means that the light is not focused, aimed or intentionally shining solely on the adjacent property. It is the only realistic interpretation of the code because the converse is that indirect light may shine onto adjacent properties. Consider a powerful flashlight: a beam of light focused on another's face is directly shining into their eyes; if focused on the target's feet, the eyes still see the light but it isn't direct. In this matter, the light is directed at, focused on and shining only on the area where the horse sheds are located on the Adams' property. Any ambient light reaching the Complainants' property is de minimus as best. Nonetheless, in April 2022 we measured the brightness of the light at the property line at night, specifically at the furthest east corral, where the light lines up with the Complainants' house.. The lumens did not even register on the light meter. See Exhibit 4. It is clear that that shielding in place on the light is effective in limiting the unwanted dissolution of light beyond the horse sheds. The investigations performed by the Weld County Code Compliance office has been thorough, detailed and objective. Over the course of multiple complaints, the decision has been that no violation is present. It is my clients' hope that, after 5 attempts since November 2021 to complain of the subject light fixture, the Complainants will move on, stop their needless haranguing and finally accept the County's decision. Respectfully submitted, Stephen C. Morgan On behalf of Tom = r . Dee Adams Exhibit 1 Daytime photo from the point of the barn light, taken by Tom Adams, showing the location and use of the Adams' property. There are 5 sheds, presently used to stable show horses. Exhibit 2 Photo taken by Tom Adams replicating Exhibit 1, except taken at night with the barn light on. Exhibit 3 Photo at night by Tom Adams with the barn light on facing the Marquardt -Lilly residence, as evidenced by the two white dots on the right. Exhibit 4 Photo taken at night by Tom Adams at the property line showing the readings of the light meter (0.0). The meter did not register any lumens from the barn light. Houstan Aragon From: Sent: To: Cc: Subject: Attachments: Esther, Bethany Pascoe Tuesday, July 26, 2022 9:57 AM Cheryl Hoffman; Chloe White; Esther Gesick; Houstan Aragon; Dee Tom Parko Jr.; Bruce Barker; smorgan@morganlawpllc.com LIGHTING COMPLAINT HEARING on 07/27/2022 - Submitted Pictures from Property Owners Tom and Dee Adams -Barn Light pics.pdf I received these from the property owners (Adams). Please add the Board's packet. Thank -you in advance. From: Dee <dallbirds@aol.com> Sent: Tuesday, July 26, 2022 9:49 AM To: Bethany Pascoe <bpascoe@weldgov.com> Subject: Tom & Dee Adams Barn Light pics Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bethany, Here are some pics that we have taken of our barn light. I have also taken pictures of the neighbors house with their garage lights on and both with our Barn light ON and Off as well. Please don t hesitate to call if you should have any questions. Thank you, Dee Adams 11416 County Road 13 Longmont,Colorado 80504 303-931-1815 1 -reOP� citid i '! f 4Pi el iitta iiroV Nitri ow/ aAr 1_,111 BOARD OF COMMISSIONERS APPEAL HEARING CASE NO. 22-00160 WEDNESDAY, JULY 27, 2022 HAVILAH LILLY AND MICHAEL MARQUARDT EXHIBIT BINDER C HAVILAIHI [ LILLY AND MICHAEL MARQUARDT EXHIBIT LIST BOARD OF COMMISSIONERS APPEAL HEARING CASE NO. 22-00160 WEDNESDAY, JULY 27, 2022 EX NO. DESCRIPTION PRESENTED 1 Photo of light at Lilly/Marquardt move in date 2 Photo of light taken 3/22/22 3 Letter from Jed Scott to Adams dated 3/24/22 4 Letter from Jed Scott to Weld County Code Compliance dated 4/13/22 5 Weld County Code Compliance letter to Adams dated 4/29/22 6 Email between Weld County Code Compliance and BGLS dated 5/13/22 7 Weld County Code Compliance Close letter and photo dated 5/13/22 8 18 Photos and one video of light taken at night from Lilly/Marquardt property 9 Weld County Code Compliance Close letter photo dated 5/13/22 10 Lilly/Marquardt appeal application to Weld County Planning Dept dated 6/10/22 11 Letter from Jed Scott to Weld County Planning Dept dated 6/10/22 12 Letter from Jed Scott to Weld County Bd Commissioners dated 7/8/22 13 Googlemaps aerial photo of Lilly/Marquardt and Adams properties 14 Triplett Light Meter Certificate of Calibration 15 Triplett LT80 Light Meter manual 16 Light Readings at Property Lines 17 Websites for wallpack light shields 18 3 photographs of light taken at twilight June 7, 2022 19 Twilight types and Denver twilight chart 20 Weld County Code §21-5-405 21 Weld County Code §23-3-70 22 Email string between attorney Jed Scott, counsel for Lilly/Marquardt and attorney Stephen Morgan, counsel for Adams 23 Demonstrative exhibit of light 24 Any exhibit needed for rebuttal 25 Any exhibit needed to support Appellant's case Lilly -Marquardt EXHIBIT 2 BELL GOULD LINDER & SCOTT, PC. 318 East Oak Street I Fort Collins, Colorado 80524 tel 970.493.8999 ' fax 970.224.9188 www.bell-lawcom March 24, 2022 Via Email: smot an a �morganlanpllc.com and US Mail Stephen C. Morgan, Esq. Morgan Law PLLC 721 5th Avenue Longmont, CO 80501 RE: Adams/Lilly e&a' Marquardt Dear Mr. Morgan: Jeremy E. Scott Attorney at Law r jedscott@bell-law.com This firm represents Havilah Lilly and Michael Marquardt and based upon past correspondence I understand that you represent Dee and Tom Adams. If that still is the case, then please direct all future correspondence regarding this matter to this office, my attention; if it isn't, then please advise me who currently represents Mr. and Mrs. Adams. I recognize that there is a history between these neighbors, which I do not intend to revisit now. Instead, a new matter has been presented to me that needs to be addressed and, in the spirit of good faith/cooperation, we want to discuss this first informally with Mr. and Mrs. Adams before considering other options. The placement and aim of lights located on the Adams' outbuilding broadcasts for some distance and shines directly onto the Lilly -Marquardt property, home and sleeping quarters. See, Exhibit A. Apparently, the light(s) in question were installed sometime in 2021, approximately 4 years after Mrs. Lilly and Mr. Marquardt purchased their property. The impact of the lights upon the Lilly -Marquardt property/household is not trivial and occurs daily; sleep deprivation is a direct consequence from the location, placement and aim of the lights . My clients have attempted to deal with this on their own by installing darkening curtains in their sleeping quarters, but the lights are so bright that the curtains provide little relief And so, in the interest of maintaining a good faith, neighborly relationship between these parties, I bring this to your attention and request that a sensible solution be found that would result in shielding the lights. I understand that your clients may claim that they are entitled to keep and broadcast the lights as r they see fit, claiming safe harbor under Colorado's "Right to Farm" Law, C.R.S. §5 35-3.5-101 to -103 (2021). Whether your clients' operation even qualifies as an "agricultural operation" as recognized under state/local law and whether such operation was established prior to the commencement of the use of the area for non-agricultural activities is something we may have to consider/address; but regardless of the answer to that question, an agricultural operation still is expected to employ methods or practices that are commonly and reasonably associated with such operations and are not done so negligently. See C.R.S. § 35-3.5-102(2)(a). Here, pursuant to code, Gregory S. Bell Matthew T. Gould J. Peter Linder Jeremy E. Scott Lilly -Marquardt EXHIBIT 3 Letter to S. Morgan, Esq. RE: Adams — Lilly & Marquardt March 24, 2022 Page 2 lights are required to be shielded so that beams or rays of light do not shine directly onto adjacent properties. Weld County Code § 23-3-70(F). Thus, there appears to be a simple/straightforward "fix" to the current situation: if a down -facing shield is installed or another measure is taken to minimize the broadcast of the lights beyond the Adams' property and onto neighboring properties then the problem is solved. Efforts made by Mr. and Mrs. Adams to accommodate this most basic request and to reduce the impacts upon the Lilly - Marquardt property with respect to the lights will go a long way in keeping the peace between these parties. A solution to this situation needs to be found, and quickly. To that end, I welcome an open conversation on this and am happy to visit with you about the details if you are so inclined. Please let me know by close of business next Wednesday, March 30, 2022, whether your clients will cooperate in providing relief to their neighbors, or if they propose another reasonable solution. Thanks, and I look forward to hearing from you. Very truly yours, f eremy E. Scott cc: Clients vXr+aww roar \. .�l� �lL�" .. ,, - .. meraa:�r.`a�.�n.ao.s r;;arar4�.a«.!'i_"a• BELL GOULD LINDER & SCOTT, P.C. 318 East Oak Street Fort Collins, Colorado 80524 1 tel 970.493.8999 April 13, 2022 Via Email: bpascoe@weldgov.com and Certified US Mail Bethany Pascoe, Zoning Compliance Officer South Division/Division 2 Weld County Zoning and Planning Dept. P.O. Box 758 Greeley, CO 80632 fax 970.224.9188 w w.bell-lawcom Re: Code Compliance/Enforcement Request 11416 Weld County Rd. 13/11416 Colorado Blvd., Weld County Parcel No. 131106300069 Dear Ms. Pascoe: This firm represents Michael Marquardt and Havilah Lilly, who are the owners of the residential property located at 1 1506 WCR 13. Mr. Marquardt and Ms. Lilly purchased their property in 2017. Since moving into their home, Deanna and Tom Adams have owned the neighboring property located at 11416 Weld County Rd. 13 (also identified as 11416 Colorado Blvd.). At that time our clients moved into their home, there was no outdoor light trespass from the Adams' property onto our clients' property. For reasons unknown, that changed a few years after our clients moved in. Sometime in 2019, Mr. and Mrs. Adams appear to have installed a large industrial LED flood light on the very northeast corner of their extended riding arena, with the light directed to the north. The light is positioned in a 45° manner to be directed above the horizon line of the Adams' property, which is directly in line to our clients' residence. This light shines directly into our clients' master bedroom and all their south and west facing windows. A photo of this light taken on March 22, 2022 is attached to this letter as Exhibit 1. The Adams' property is under 4 acres and is zoned agriculture containing a single residence and five pleasure horses. On information and belief, none of the property is used for the production of agriculture, the surface contains very little vegetation, and Mr. and Mrs. Adams operate a commercial trucking company from the property. Beginning in the winter of 2020-2021, Mr. and Mrs. Adams started to leave the light on well past 10:00 PM in the evening until around midnight and would sometimes leave it on until 4:00 AM. As you can imagine, this became a major disruption to our clients' sleep. Gregory S. Bell Matthew T. Gould J. Peter Linder Jeremy E. Scott Lilly -Marquardt EXHIBIT 4 WELD COUNTY CODE COMPLIANCE April 13, 2022 Page 2 In April, 2021, Mr Marquardt sent a polite message to the Adamses asking them if they could shield their light Mr and Mrs Adams did not install a shield on the light However, they kept the light off until the end of September 2021 In September 2021, Mr and Mrs Adams again began leaving the light on until around midnight By November, they were leaving the light on consistently until 1 00 AM in the morning and again sometimes until 4 00 AM In the winter, this light would turn on at approximately 6 00 PM Mr Marquardt and Mrs Lilly attempted to mitigate the impacts by purchasing black out curtains for their home However, the light is so bright and the color is so similar to daylight that it still penetrates the blackout curtains and disrupts their sleep The inability to sleep continues to negatively affect our clients in their work performance and everyday life They are exhausted day after day Due to the lumens and angle of the light fixture, the light is visible all the way to Highway 66, over 2 5 miles away There continues to be no shield on this light, broadcasting it well beyond Mr and Mrs Adams' property Section 23-3-70 of the Weld County Code states L� O (F) Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS No colored lights may be used which may be confused with or construed as traffic control devices The light at issue is not m compliance with Weld County Code, and we do not believe they have a permit that would allow this light to operate in its current condition Specifically, there is no shield over the light preventing it from shining onto adjacent properties, including our clients', nor onto the road Accordingly, by and through this letter a complaint is formally lodged with Weld County and we request that Code Compliance investigate this situation, to include a visit to the 11416 WCR 13 property after dark when the light is on WELD COUNTY CODE COMPLIANCE April 13, 2022 Page 3 If you have any questions or would like to discuss this matter further, please feel free to contact our firm. We would appreciate your response to this correspondence on or before Friday, April 22, 2022. Thank you. Very truly yours, Jeremy E. Scott JES/sjm Enclosure cc: Clients BELL GOULD CINDER & SCOTT, P.C. 7019 2280 0001 6365 9256 318 East Oak Street Fort Collins, CO 80524 1111\1 111111 iii ii1111111 BETHANY PASCOE, ZONING COMPLIANCE OFFICER SOUTH DIVISION/DIVISION 2 WELD COUNTY ZONING AND PLANNING P.O. BOX 758 GREELEY, CO 80632 B38302.04 $4.48 a US POSTAGE FIRST-CLASS 062S0011405498 FROM 80524 Department of Planning Services Code Compliance TV April 29, 2022 ADAMS TOM L & DEANNA L 11416 COLORADO BLVD LONGMONT CO 80504 Case Number: Legal Description: Situs Address: To Whom it May Concern: COMP22-00160 PT SW4 6-2-67 LOT B REC EXEMPT RE -3065 (.21 R) 11416 COLORADO BLVD 1555 North 17th Avenue Greeley Co 80631 WEBSITE: www.weldqov.com E-mail: bpascoeweldgov.com Phone: 970-400-3555 Fax: 970-304-6498 Our office received another complaint regarding the light leaving your property and polluting the property North of your property. Please be advised that staff has been directed that light pollution is a violation of Chapter 23. You may refer to the following sections of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone astrict. 23-3-20 Uses allowed by right outside of subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one(1) or more of the following USES. 23-3-30 Accessory uses outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. 23-3-70 Bulk Requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. 23-3-70.F Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. Therefore, please be advised to correct this violation, either the light causing the light pollution shall be removed or a down -cast shield must be placed so as to prohibit the light from leaving your property. A condition has also been placed on your open Electric permit (ASE22-0037). Compliance records are now visible to the public through the Citizen Access portal through our web page. Please visit https://accela-aca.co.weld.co.us/citizenaccess/Default.aspx and go to the Enforcement tab. You can search by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if you have any questions. Lilly -Marquardt EXHIBIT 5 Any information you have that may help to resolve this matter will be useful. 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 feel free to contact me at the provided number. Regards, Ch k\wk los,‘ Bethany Pascoe Code Compliance Officer II File: COMP22-00160 Ec: ceperryweldgov.com edscottbell-law.com From: Bethany Pascoe To: Shannon Matthews; )ed Scott Cc: Caitlin Perry; Tom Parko Jr. Subject: RE: 11416 Colorado Blvd --Light Blight Complaint Date: Friday, May 13, 2022 10:42:35 AM Attachments: image001.Dnq 051322 CLOSE Letter,pdf Shannon, Thank -you for reaching back out. I was just finishing discussing this complaint and findings with our Director, Tom Parko. Both Vr. Adams, the property owner submitted evidence for our records as well as I conducted another site inspection on May 10, 2022. This Complaint has been closed again as No Violation. The light in question already has partial shielding installed, which is zoomed in on the picture sent with the closure letter. For your records, please see the attached closure letter. am sorry we can not be of further assistance regarding this issue. Bethany Pascoe Zoning Compliance Officer II Weld County Department of Planning Services 1555 N 17th Ave Greeley, Co 80631 970-400-3555 (direct) 970-400-6100 (general) 970-304-6498 (fax) bpascoe(weldgov.com From: Shannon Vatthews <SVatthews@bellaw.com> Sent: Friday, May 13, 2022 9:21 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Jed Scott <jedscott@bell-law.com> Cc: Caitlin Perry <ceperry@weldgov.com> Subject: RE: 11416 Colorado Blvd --Light Blight Complaint Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Vs. Pascoe. Thank you for your continued assistance with this matter. We see online that a "complaint inspection" was apparently performed and this matter was "marked as closed no violation" on or about May 6, 2022 by Tonya Johnson. We believe that there are several issues pending relating to Mr. and Ms. Adams' property at 11416 Colorado Blvd. As such, we are writing to confirm if the light blight complaint filed by our clients was indeed the complaint which was closed and marked as "no violation." If it is our clients' complaint which was closed with no violation noted, could you please explain why? We are unaware that the offending light has been shielded as required, and per your April 29, 2022 letter to the Adamses. Could you advise of the timing permitted for the Adamses to comply Lilly -Marquardt EXHIBIT 6 with the light shield requirement? If no shield is installed on the light, could you advise what enforcement options are available? Please feel free to contact our office by phone if that is easier for you, or to respond by email. We appreciate any further information and insight you can provide regarding this matter. Thank you! Shannon Matthews Legal Assistant Bell, Gould, Linder & Scott, P.C. 318 E. Oak Street Fort Collins, CO 80524 t. 970.493.8999 x 1211 I f. 970.224.9188 From: Bethany Pascoe <bpascoePweldgov.com> Sent: Thursday, April 28, 2022 3:20 PM To: Jed Scott <jedscottEbell-law.com>; Shannon Matthews <SMatthewsEbe Cc: Caitlin Perry <ceperryEweldgov.com> Subject: RE: 11416 Colorado Blvd Please see the attached letters for your records. Thank -you in advance. Bethany Pascoe Zoning Compliance Officer II Weld County Department of Planning Services 1555 N 17th Ave Greeley, Co 80631 970-400-3555 (direct) 970-400-6100 (general) 970-304-6498 (fax) bpascoe@weldgov.com -Iaw.com> DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division Close Letter May 13, 2022 ADAMS TOM L & DEANNA L 11416 COUNTY ROAD 13 LONGMONT CO 80504 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.weldgov.com E-MAIL: bpascoe@weldgov.com PHONE: 970-400-3555 FAX: 970-304-6498 Subject: COMP22-00160 Situs Address: 11416 CR 13 Legal Description: PT SW4 6-2-67 LOT B REC EXEMPT RE -3065 (.21R) To Whom it May Concern: The Weld County Department of Planning Services Staff has closed the code complaint case on your property as described below: as staff has documentation of light readings showing the light reading as being "0" before the property line on which the complaint was received. Furthermore, there is a top and side shield on the light. All of this information in addition to the property owner utilizing the light to protect his livestock and to care of his livestock. Compliance records are now visible to the public through the Citizen Access portal through our web page. Please visit <https://accela-aca.co.weld.co.us/citizenaccess/> and go to the Enforcement tab. You can search by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if you have any questions. Thank you for your cooperation in this matter. 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. Regards, k\ Sl k Bethany Pascoe Code Compliance Officer Eli File: COMP22-00160 Ec: jedscott@bell-law.com smatthews@bell-law.com Caitlin Perry, Assistant Weld County Attorney via: ceperry@weldgov.com Tom Parko, Director of Planning Services via: tparko@weldgov.com Lilly -Marquardt EXHIBIT 7 X Edit & Create '1/4, V'S Share Exhibit 8-001 Exhibit 8-002 Exhibit 8-003 Exhibit 8-004 Exhibit 8-006 Exhibit 8-018 Photos - 051022-01JPG 74% See all photos } Acid to X Edit & Create Le Share n BOARD OF ADJUSTMENT (BOA) PROCEDURAL GUIDE DEPARTMENT OF PLANNING SERVICES 11555 N. 17TH AVENUE, GREELEY, CO 80631 www.weldgov.com 1970-400-6100 I FAX 970-304-6498 Please indicate the type of Appeal (check one) and provide the specific appeal information as well as the completed application materials listed below. APPLICATION SUBMITTAL REQUIREMENTS X Appeal of an Administrative Decision as explained in Section 23-6-20 of the Weld County Code. X A specific citation of the section of Chapter 23 which is the subject of disagreement, a written description of the grounds for the appeal and the reasons held by the appellant for the favored interpretation. Appeal for Interpretation of Zone District Boundaries or Lot Lines as explained in Section 23-6-30 of the Weld County Code. Written and graphic materials serving as evidence sufficient to document the location of the zone district boundary or lot line alleged to be true and proper by the appellant. Appeal for Variance as explained in Section 23-6-40 of the Weld County Code. A plot plan showing the location of existing features, such as structures, fences, streams, public or private rights -of -way and streets/roads, access, etc. The plot plan shall include all proposed structures. A copy of a deed, purchase contract or other legal instrument indicating that the applicant has an interest in said property. A statement that demonstrates that special conditions and circumstances exist which are peculiar to the lot, structure or building involved and which are not applicable to other lots, structures or buildings in the same zoning district. A statement that demonstrates that literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other property owners in the same zoning district under the terms of this Chapter. A statement that demonstrates that the special conditions or circumstances do not result solely from the actions of the appellant. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. (See attached.) Evidence that demonstrates that the variance requested is the minimum variance that will make possible the reasonable use of the lot, building or structure. All appeals listed above also require the following: X Application form. (See attached). X Authorization form, if applicable. (See attached). N/A Incorporation documents if the owner is a business entity (LLC, etc.), or trust documents. X One digital or electronic copy of completed application materials, if required. X Any other relevant information which may be required by the Department of Planning Services. X Application fee (see below.) N/A Investigation fee, due only if this is a violation case. (50% of the application fee.) Lilly -Marquardt EXHIBIT 10 8/19/21 1 BOARD OF ADJUSTMENT (BOA) PROCEDURAL GUIDE O O HEARINGS/MEETINGS PROCESSING TIME Board of Adjustment Hearing 75 days APPLICATION TYPE FEE > Appeal of an Administrative Decision $ 200 00 ➢ Appeal for Interpretation of Zone District Boundaries or Lot Lines $ 200 00 ➢ Appeal for Variance $1000 00 Fees are non-refundable and due when the application is determined to be complete Fees are set by the Board of County Commissioners County Staff is not authorized to negotiate fees and cannot, under any circumstance, waive, reduce, or amend the fees set forth in the Weld County Planning Fee Schedule It is the applicant's responsibility to meet the application requirements outlined in Article VI of Chapter 23 of the Weld County Code (available online at www weldqov com) No appeal application shall be assigned a case number to be reviewed until all required items on the submittal checklist have been completed and submitted to the Department of Planning Services The Department of Planning Services is responsible for reviewing and processing the application in accordance with Article VI of Chapter 23 of the Weld County Code The planner will post one or more notification signs on the property For variances, the planner will also mail notice to owners of property within 500 feet of the subject property The Board of Adjustment will hold a public hearing and make a decision concerning the application in accordance with Article VI of Chapter 23 of the Weld County Code For appeals of administrative decisions and interpretation of zone district boundaries or lot lines, the concurring vote of 4 of the 5 members of the Board of Adjustment is necessary in order to decide in favor of the appellant For variances, the concurring vote of 3 of the 5 members of the Board of Adjustment is necessary in order to decide in favor of the appellant A quorum of 4 of the 5 members must be present in order for the Board to hear the case The applicant should attend all hearings scheduled for consideration of the application in order to present the proposal and answer any questions The applicant is also encouraged to communicate with the planner assigned to process and review the application once it has been submitted in order to keep up to date with any developments pertaining to the application For variances, it is also recommended that the applicant contact owners of property within at least 500 feet of the subject property about the proposed use prior to applying Do not attempt to contact Board of Adjustment members about your project Staff are available to assist the applicants through this process For questions, please visit the Department of Planning Services at 1555 N 17th Avenue, Greeley, Colorado or call us at (970) 400-6100 8/19/21 2 O O O CONTACT INFORMATION AND OFFICE LOCATIONS Weld County Planning and Zoning Planning Floodplain Administration 1555 N 17th Avenue Greeley, CO 80631 (970) 400-6100 www weldqov com/Government/Departments/Planninq- and-Zonnq Weld County Building Inspection Building Permits Department of Planning 1555 N 17th Avenue Greeley, CO 80631 (970) 400-6100 www weldqov com/Government/Departments/Buildinq Weld County Development Review Access Permits Engineenng 1555 N 17th Avenue Greeley, CO 80631 (970) 400-6100 www weldqov com/Government/Departments/Planninq- and-Zoning Weld County Department of Public Health and Environment Weld County Septic Permits On Site Waste Water Systems (OWTS) 1555 N 17th Avenue Greeley, CO 80631 (970) 304-6415 www weldqov com/departments/health and environment Colorado Department of Transportation (CDOT) 10601 W 10th Street Greeley, CO 80634 (970) 353-1232 www codot qov/ Division of Water Resources Water Wells 1313 Sherman St Room 818 Denver, CO 80203 (303) 866-3581 810 Ninth St Second Floor Greeley, CO 80631 (970) 352-8712 https //dwr colorado goy/ Well Permitting Information https //dwr colorado goy/services/well-permitting Soil Conservation Districts Big Thompson (Fort Collins) — 970-493-1638 Boulder Valley (Longmont) — 303-776-4034 Centennial — 970-522-7440 x3 Fort Collins — 970-221-0611 Morgan — 970-867-9659 x4 Platte Valley (Brighton) — 303-857-6721 Southeast Weld (Brighton) — 303-659-7004 x101 West Adams (Brighton) — 303-659-2080 West Greeley — 970-356-8097 x 3 www coloradoacd orq Colorado Geological Survey Division of Minerals and Geology 1313 Sherman Street Room 715 Denver, CO 80203 (303) 384-2643 www coloradogeologicalsurvev orq 8/19/21 3 BOARD OF ADJUSTMENT (BOA) APPLICATION O O FOR PLANNING DEPARTMENT USE AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED CASE # ASSIGNED PLANNER ASSIGNED Please indicate the type of Appeal (check one) lea X Appeal of an Administrative Decision Code section 23-3-70(F) _p___ Appeal for Interpretation of Zone District Boundaries Appeal for Interpretation of Lot Lines Appeal for Variance Code section PROPERTY INFORMATION (Attach additional sheets if necessary) Is the property currently in violation?®No /ElYes Violation Case Number COMP22--00160 Site Address 11416 WELD COUNTY ROAD 13/11416 COLORADO BLVD Parcel Number 131106300069 _ _ _ _ Legal Description Section 6 , Township 2 N, Range 67 W Zoning District A Acreage 3 57 Within subdivision?®No /DYes Townsite?®No /®Yes If yes, subdivision or townsite name Floodplain®No /®Yes Geological Hazard ®No /®Yes Airport Overlay©No /®Yes PROPERTY OWNER(S) (Attach additional sheets if necessary) Name DEANNA AND TOM ADAMS Company Phone # 303-901-7791/303-931-1815Email DALLBIRDS@AOL COM Street Address 11416 WELD COUNTY ROAD 13 City/State/Zip Code LONGMONT, CO 80504 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name MICHAEL MARQUARDT/HAVILAH LILLY Company Phone # 720-250-7668/720-341-3730Email MIKE@ROCCMALL COM/HAVILAH@BRUNOLILLYLEGAL COM Street Address 11506 COUNTY ROAD 13 City/State/Zip Code FIRESTONE, CO 80504 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge All fee owners of the property must sign this application If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation Signature MICHAEL MARQUARDT Date Signature HAVILAH LILLY Print Print Date 8/19/21 5 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We), MICHAEL MARQUARDT/HAVILAH LILLY , give permission to JEREMY ("JED") E SCOTT (Owner— please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OMITS permits on our behalf, for the property located at (address or parcel number) below 11506 WELD COUNTY ROAD 13, FIRESTONE, CO 80504 Legal Description of Section 6 , Township 2 N, Range 67 W Subdivision Name Lot Block Property Owners Information Address 11506 WELD COUNTY ROAD 13, FIRESTONE, CO 80504 Phone 720-250-7668,720-341-3730 E-mail MIKE@ROCCMALL COM,HAVILAH@BRUNOLILLY COM Authorized Agent/Applicant Contact Information Address BELL, GOULD, LINDER & SCOTT, PC, 318 E OAK STREET, FT COLLINS, CO 80524 Phone 970-493-8999 X1206 E-mail JEDSCOTT@BELL-LAW COM, SMATTHEWS@BELL-LAW COM Correspondence to be sent to Owner ia Authorized Agent/Applicant 11 by Mail Emadl Additional Info I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge Date Date Owner Signature Owner Signature Subscribed and sworn to before me this My commission expires day of , 20 by Notary Public BELL GOULD CINDER & SCOTT, P.C. 318 East Oak Street Fort Collins, Colorado 80524 June 10, 2022 Via Hand Delivery Weld County Board of Administration c/o Weld County Planning & Zoning 1555 N. 17t11 Avenue Greeley, CO 80631 tel 970.493.8999 fax 970.224.9188 www.bell-law.com Re: Appeal to Weld County Board of Adjustment Code Compliance/Enforcement Complaint No. COMP22-00160 Property: 11416 Weld County Rd. 13/11416 Colorado Blvd., Weld County Parcel No. 131106300069 Dear Board Members: This firm represents Michael Marquardt and Havilah Lilly, who are the owners of the residential property located at 11506 WCR 13. Mr. Marquardt and Mrs. Lilly purchased their property in 2017. Since moving into their home, Deanna and Tom Adams have owned the neighboring property located at 11416 Weld County Rd. 13 (also identified as 11416 Colorado Blvd.). At the time our clients moved into their home, there was no outdoor light trespass from the Adams' property onto our clients' property. A photo of the preexisting condition is hereby attached to this letter and incorporated by reference as Exhibit 1. For reasons unknown, that changed a few years after our clients moved in. Sometime in 2019, Mr. and Mrs. Adams appear to have installed a large industrial LED flood light on the very northeast corner of their extended riding arena, with the light directed to the north. The light is positioned in a 45° manner to be directed above the horizon line of the Adams' property, which is directly in line to our clients' residence. This light shines directly into our clients' master bedroom and all their south and west facing windows. A photo of this light taken on March 22, 2022 is hereby attached to this letter and incorporated by reference as Exhibit 2. The Adams' property is under 4 acres and is zoned agricultural. It is comprised of a single residence and five horses. On information and belief, none of the property is used for the production of agriculture, the surface contains very little vegetation, and Mr. and Mrs. Adams operate a commercial trucking company from the property. Gregory S. Bell of counsel Lilly -Marquardt EXHIBIT 11 Matthew T Gould J. Peter Linder Jeremy E. Scott Frederick S. Long EXHIBIT 11-001 WELD COUNTY CODE COMPLIANCE June 10, 2022 Page 2 Beginning in the winter of 2020-2021, Mr and Mrs Adams started to leave the newly installed light at issue illuminated past 10 00 PM in the evening until around midnight and occasionally until 4 00 AM As you can imagine, this became a major disruption to our clients' ability to gain iestful sleep In April 2021, Mr Marquardt sent a polite message to the Adams asking them to shield their light Mr and Mrs Adams did not install a shield on the light However, they did keep the light off until the end of September 2021 In September 2021, Mr and Mrs Adams, again, began leaving the light illuminated until around midnight By November, they were consistently leaving the light illuminated until 1 00 AM, sometimes until 4 00 AM In the winter, this light would turn on at approximately 6 00 PM On March 24, 2022, nearly a year later, the undersigned counsel was engaged and followed prior correspondence with a letter to Mr and Mrs Adams' counsel, again attempting to resolve this situation in a sensible fashion Exhibit 3 Furthermore, Mr Marquardt and Mrs Lilly have attempted to mitigate the impact by purchasing two sets of black out curtains for each bedroom wmdow in their home and by planting a hedge that will be fully grown in approximately 20 years However, this light is mcredibly bright and the tone mimics sunlight resulting in light penetrating their blackout curtains, inhibiting their ability to gain restful sleep The inability to sleep continues to negatively affect our clients in their work performance and everyday life They are perpetually exhausted Due to the lumens and angle of the fight fixture, the light, a Type IV forward -throw LED wall pack which is designed to direct all the light into one broad direction, is visible all the way to Highway 66, over 2 5 miles away There continues to be no shield on this light, broadcasting it well beyond Mr and Mrs Adams' property Section 23-3-70 of the Weld County Code states "(F) Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS No colored lights may be used which may be confused with or construed as traffic control devices " The light at issue is not in compliance with Weld County Code, and we do not believe the Adams' have a permit or variance that would allow this light to operate in its current condition Specifically, there is no shield over the light preventing it from shining onto adjacent properties, including our clients', nor onto the road as contemplated under the Code EXHIBIT 11-002 WELD COUNTY CODE COMPLIANCE June 10, 2022 Page 3 Accordingly, on April 13, 2022, our clients submitted a formal complaint with Weld County, addressed to Code Enforcement Officer Bethany Pascoe (Zoning Compliance Officer for South Division/Division 2) requesting that Code Compliance investigate this situation, to include a visit to the 11416 WCR 13 property after dark when the light is on, to witness the real impacts of the light as installed/used Exhibit 4 On April 29, 2022, Ms Pascoe mailed a notice of noncompliance to Mr and Mrs Adams regarding the Complaint filed by our clients Exhibit 5 In that letter, the Adamses were instructed to either remove the light causing the problem or place a down -cast shield on it to prevent the light from leaving the Adamses' property On May 10, 2022, Ms Pascoe conducted a site inspection of the Adams' property Then, on May 13, 2022, Ms Pascoe forwarded an email to undersigned counsel's office along with her close letter stating the "Complaint has been closed again as No Violation The light in question already has partial shielding installed " Exhibits 6 and 7 The complaint was closed without the removal of the light or installation of a down -cast shield At no time during the complaint process was there communication between Weld County and our clients To our knowledge, the only communication prior to issuance of the close letter was between Weld County and Mr and Mrs Adams Furthermore, no one from the County visited the property at night when the light is illuminated, contacted our office, or contacted our clients during the inspection Rather, the County accepted a clearly erroneous light reading conducted by Mr and Mrs Adams (not an independent third party or the County) as fact We intend on providing evidence at a hearing that would show that (1) a zero light reading in a city is not possible due to the lights contained within the city landscape, (2) Mr and Mrs Adams used the light meter incorrectly when they measured the light behind buildings creating shadows and by not directing the light meter at the industrial light when taking the reading, and (3) the actual light measurements when the meter is used correctly To be clear this is not a trivial matter, our clients' daily lives are significantly impacted by this code violation Not only does the light blight directly impact the daily lives of our clients by impacting their sleep schedule, but they are also concerned that the light is attracting predators that they have worked hard to keep away Specifically, coyotes have entered the Marquardt/Lilly property and killed several of their chickens The light acts as an attraction to surrounding predators rather than a deterrent Consequently, Mr Marquardt and Mrs Lilly are at a loss as to why the County has not followed through on this real, continuing violation of its Zoning Code To further understand the reasoning of the County, they requested a meeting to discuss this matter, which was scheduled for June 2, 2022 O On June 2, 2022, a "Zoom" meeting occurred between undersigned counsel, Mr Marquardt and Mrs Lilly, Ms Pascoe and her colleague, and Weld County Assistant Attorney Catlin Perry Prior to the June 2 meeting, and in preparation for the same, EXHIBIT 11-003 WELD COUNTY CODE COMPLIANCE June 10, 2022 Page 4 19 photographs and a short video taken the night of May 16, 2022, were provided to Ms. Pascoe and Ms. Perry. Those photos and video show the light blight that clearly exists on our clients' property from the Adams' light. Ms. Pascoe and Ms. Perry confirmed they reviewed the photos and videos prior to the June 2 meeting. A CD containing those photos and videos is hereby attached and incorporated by reference as Exhibit 8. During the meeting, Ms. Pascoe explained that in 20 years she has never enforced a light blight complaint and she only attempted to validate the complaint after her supervisor instructed her to initially proceed with the investigation. Subsequently, she closed the complaint, indicating that she was "following orders from above" and that investigation of light blight complaints is either not important or not necessary from an enforcement perspective. Furthermore, Ms. Pascoe advised that she does not have a light meter, does not know how to operate a light meter, and does not know what the readings mean. Meanwhile, code enforcement accepted "light readings" from the offending party as dispositive of the matter, but with no device certification, no documentation of authenticity, and no way to verify proper device operation. Additionally, we respectfully disagree with any assertion by code enforcement that there is a "top and side shield on the light." For example, the "top and side shield on the light that Ms. Pascoe identifies in her Close Letter is the black housing body of the light. Exhibit 9. That housing is integral to its construction, as it contains the interior lighting mechanisms; it is not a shield that extends past the body of the light with the purpose of blocking or directing light. Instead of being shielded or pointed down, this light fixture is aimed straight out from the side of the building where it is mounted, parallel to the ground, and shines directly outward, towards our clients' property as clearly seen in the photos submitted herewith. It has no shield directing, reducing, or blocking any of the light emitted. It is with this backdrop that Mr. Marquardt and Mrs. Lilly have chosen to appeal the decision rendered by Weld County Zoning and Planning in Case No. COMP22- 00160. The purpose of this appeal is to directly address the plain language of the code and request that Mr. and Mrs. Adams either place a down -facing shield on the problem light or require the light to be permanently removed. We appreciate the Board's review of this matter and look forward to the opportunity to discuss these issues at the public hearing to be scheduled. Thank you. Very truly yours, Jeremy E. Scott Attorney for Applicants Michael Marquardt and Havilah Lilly Enclosures cc: Clients EXHIBIT 11-004 BELL GOULD CINDER & SCOTT, P.C. 318 East Oak Street Fort Collins, Colorado 80524 July 8, 2022 Esther E. Gesick, Clerk to the Board Weld County Board of Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80631 tel 970.493.8999 I fax 970.224.9188 I www.bell-law.com Re: Appeal to Weld County Board of County Commissioners Code Compliance/ Enforcement Complaint No. COMP22-00 1 60 Property: 11416 Weld County Rd. 13 /11416 Colorado Blvd., Weld County Parcel No. 131106300069 Dear Ms. Gesick: Enclosed herewith please find the appeal submission for our clients, Michael Marquardt and Havilah Dilly. This appeal is submitted to the Weld County Board of Commissioners pursuant to Weld County Code § 2-4-10. Please process this appeal and inform us as to when our clients may present their case to the Board of County Commissioners. Very truly yours, al Jeremy E. Scott cc: Clients Gregory S. Bell Matthew T. Gould J. Peter Linder Jeremy E. Scott Frederick S. Long of counsel Lilly -Marquardt EXHIBIT 12 Ivarez Brothers Construction • . . d https://www.google.com/maps/place/ 1 1416+Colorado+Blvd,+Longmont,+CO+80504/ a,40.1679882,- 104.9413321,214m/data=! 3m 1 ! 1 e3 ! 4m5 ! 3m4! 1 s0x876c06751 ed9cab7:0x50dd29fd89cff17 ! 8m2 ! 3d40.1675 813 ! 4d- 104.9415091 ! 51n 1 ! l e4 Lilly -Marquardt EXHIBIT 13 Certificate of Calibration a TRIPLETT yalir Test Equipment & Tools Manufacturer: TRIPLETT Model: LT80 Description: LIGHT METER Serial Number: 210800032 Secondary ID#: NONE CUSTOMER: MICHAEL MARQUARDT 11506 COUNTY ROAD 13 FIRESTONE CO 80504 PURCHASE ORDER #: Job #: Calibration Procedure: TRIPLE I 1 LT80 LIGHT METER: CAL VER Certificate #: 84240-01 Calibration Date: 7 Jun 2022 Calibration Due Date: 7 Jun 2023 (Recomended) Received: IN TOLERANCE Returned: IN TOLERANCE Temperature 24.0°C Humidity: 27 Cal Seals OK: Y C84240 Revision: 1.0 Triplett certifies that the above listed instrument meets or exceeds all specifications as stated in the referenced procedure (unless otherwise noted). It has been calibrated using measurement standards traceable to the National Institute of Standards and Technology (NIST), or to NIST accepted intrinsic standards of measurement, or derived by the ratio type of self -calibration techniques. This calibration complies with, ISO/IEC 17025, MIL -STD -45662A and ANS1/NCSL Z540-1-1994. Unless stated in COMMENTS below, a minimum test accuracy of 4:1 was used. This report may not be reproduced, except in full, unless permission for the publication of an approved abstract is obtained in writing from Triplett. COMMENTS ASSET NO. DESCRIPTION IPM -343 LED LIGHT REFERENCE STANDARD NIST TRACEABLE NUMBER 2108091 850 Perimeter Rd. Manchester, NH 03103 • 1-800-874-7538 TRACKING NUMBER: 210800032 CAL DATE 09 Aug 2021 Aaron Haag CAL DUE DATE 09 Aug 2022 Lilly -Marquardt IT 14 EXHIB vi, Calibration Technic�i 'cal Ma • sales@triplett.com ager • www.Triplett.com Page 1 of 1 n J O O Report of Calibration I L Test Equipment :: , Tools UNIT UNDER TEST TRIPLETT LT80 LIGHT METER SERIAL NUMBER 210800032 SECONDARY ID# NONE PROCEDURE NAME TRIPLETT LT80 LIGHT METER CAL VER PROCEDURE REV 10 CALIBRATED BY Aaron Haag CUSTOMER MICHAEL MARQUARDT 11506 COUNTY ROAD 13 FIRESTONE, CO 80504 P O NUMBER CERTIFICATE # 84240-01 TEST RESULT, PASS PERFORMED ON 07 June 2022 DATA TYPE FOUND -LEFT RECEIVED IN TOLERANCE RETURNED IN TOLERANCE TEMPERATURE 24 00 °C HUMIDITY 27 % JOB NUMBER C84240 COMMENTS 'Standards Used Asset # IPM -343 LED LIGHT REFERENCE STANDARD Description J5tST Traceable # 2108091 Due Date 8/9/2022 Test Results Test Description fc 200 fc True Value Test Result X,ower limit Upper limit mts 19 98 fc 49 90 fc 99 1 fc 149 9 fc 190 3 fc 20 03 fc 50 03 fc 98 4 fc 148 6 fc 188 1 fc 19 08 48 10 96 1 145 4 184 6 20 88 51,70 102.1 154 4 196 0 fc Pass fc Pass fc Pass fc Pass fc Pass ***** End of Certificate ***** 850 Perimeter Rd Manchester, NH 03103 • 1-800-874-7538 a sales@tnplett com a www Triplett corn PRINTED ON June 07, 2022 CAL -FM -007 REVISION C 4-2-2015 TRACKING NUMBER 210800032 Page 1 of 1 User Manual TRtFL€TT LT80 LED Light Meter CE Introduction Congratulations on your purchase of the Triplett LT80 LED Light Meter that measures light intensity from white LED light sources. The LT80 can also measure light from fluorescent, metal halide, high- pressure sodium, and incandescent sources, for reference only (unspecified accuracy). The LT80 can measure light up to 40,000 Fc (400,000 Lux). Lilly -Marquardt EXHIBIT 15 EXHIBIT 15-001 Safi- ty O O Do not operate the meter in environments where the following are present explosive gases (or materials), combustible gases (or materials), steam, or dust Please replace the battery immediately when the low battery symbol appears on the LCD Do not touch the meter's circuit board for any reason, static electricity or contamination could damage the sensitive components This instrument was designed for pollution degree 2 Operation Altitude Up to 2000m (7000') escripti in 1 Photo Detector Cover 2 Photo Detector (Sensor) 3 LCD Display 4 Lux/Fc Button 5 Calibration and ZERO Button 6 Data Hold Button 7 MAX/AVG/MIN Button 8 Power Button ON/OFF EXHIBIT 15-002 perati n Power ; 'N/FF Long press the Power button to power the meter To power the meter OFF, short press the Power button Taking t' easurements 1 Switch the meter ON and remove the sensor's protective cover to expose the light sensor dome The display should switch ON, if not, check that batteries are installed and fresh 2 The meter measures the intensity of the light (illuminance) that strikes the sensor dome in foot-candles and Lux units (1 fc = 10 76 lux), displaying this measured value on its LCD 3 Position the meter and light source so that the light strikes the sensor dome straight on (perpendicular) with as little an angle as possible 4. The meter's display can show a value up to 9999 However, for readings that represent measurements higher than this, the meter uses x10 or x100 feature For example, to represent a measurement of 11,000 fc the meter will display 1100 with the x10 indicator Auto Power OFF To save battery life, the meter powers down automatically after approximately 12 minutes of inactivity Enable/Disable AutPower Off While the meter is ON, long press the Power button to disable the Auto Power OFF utility (the Clock symbol 0 will switch OFF) To enable the Auto Power OFF utility, repeat this process LUX/FC Button Press the LUX/FC button to toggle between Lux and FC (foot-candles) measurement units EXHIBIT 15-003 O MAX/AVG/MIN Button The meter can record the maximum, minimum, and average readings as described below Short press the "MAX/MIN" button and the meter will begin to track the maximum/average/minimum measurements, the "MAX" icon will display at the top of the LCD window indicating that the meter is now showing the maximum reading The reading will not change until a higher reading is registered Press the "MAX/MIN" button again to switch from "MAX" to "AVG", where the meter will show the average measurement value The "AVG" icon will be displayed above the displayed value Press the "MAX/MIN" button again to change the mode from "AVG" to "MIN", where the meter will show the minimum value measured The "MIN" icon will be displayed Press the "MAX/MIN" button again to switch from "MIN" back to "MAX" O O To exit this mode, hold the "MAX/MIN" button for at least 2 seconds The MAX/AVG/MIN icons should all be switched OFF when the unit returns to the normal operating mode HOLD Button Press the HOLD button to freeze the current reading on the LCD Press the HOLD button again to release the reading In the Data Hold mode, HOLD is displayed on the LCD Zero Calibration Procedure Ensure that the protective cap is attached to the light sensor Power the meter and the LCD should display '0' 1 Short press the "CAL ZERO" button to perform the zero adjustment (CAL will appear on the display) 2 The CAL display will switch off when the calibration has been completed EXHIBIT 15-004 O 0 0 3 If the protective cap is not covering the sensor when the Zero calibration is started the LCD display will read CAP In this case, please cover the sensor with the cap and restart this procedure e sureent Tips For maximum accuracy allow the light being measured to fall directly on the sensor as perpendicular as possible with a minimal angle of incidence Light Source 0 degree When the meter is not in use, please keep the protective cap in place over the light sensor This will prolong the life of the sensor When the meter is to be stored for long periods, please remove the batteries and store them separately Batteries can leak and cause damage to the meter's components Avoid areas of high temperature and humidity when using this instrument Battery replacement If the symbol " I=I " appears on the LCD, please replace the battery immediately • Turn off the instrument • Remove the battery cover • Replace the battery ® Install the battery cover EXHIBIT 15-005 C Specificati O O tiO. ns Display 9999 count, maximum display 9999 Sensor Silicon photodiode and filter Measuring Range 999 9,9999, 99990,400,000 Lux 99 99,999 9,9999,40,000 Footcandles Resolution 0.1,1, 10,100 Lux 0.01,0 1,1,10 Footcandles Accuracy ±3% ±3Lux(0"500Lux), ±3%(up 501 Lux) o (Calibrated to standard incandescent lamp 2856° 8% other visible light source Angle deviation from cosine characteristics 30° ±2% 60 O +6/ 80 ° ±25% Power Supply 2 batteries 1.5V AAA MN2400 LRO3 AM4 Battery life About 200 hours Dimensions 133(L)x48(W)x23mm(L) Hmm 5 3(L)x 1 9(W) x0 2(L) inch Weight 250g (include battery) Accessories User's manual, carrying case, 1 5V battery*2 EXHIBIT 15-006 Relative Spectral Sensitivity The deviation from the comparative standards for luminosity is determined by JIS standard C 1609-1993. Peak sensitivity wavelength: 550 nm . Typ. Ta=23°C WAVELENGTH (nm) Typical Light Levels (1 Fc =10.76 Lux) Lux Candles Foot Lux Candles Foot • Factories r Home 20-75 2-7 Emergency Stairs, Warehouse 100-150 10-15 Washing 75-150 7-15 Exit/Entrance Passages 150-200 15-20 Recreational Activities 150-300 15-30 Packing Work 200-300 20-30 Drawing Table Room, 300-750 30-75 Visual Work: Production Line M 300-500 30-50 Makeup 750-1,500 75-150 1 Typesetting: Inspection Work a 500-1,500 50-150 Reading, Study 1,500-3,000 150-300 Electronic Assembly, Drafting :1,000-2,000 :100-200 Sewing Office Restaurant 75-100 7-10 Indoor Emergency Stairs aa 75-150 a 7-15 Corridor Stairs 100-200 10-20 Corridor Stairs 150-300 15-30 Entrance, Wash Room EXHIBIT 15-007 200-750 20-75 ' Conference, Reception Room 300-750 30-75 Cooking Room, Dining Table 750-1,500 4 75-150 Clerical Work 750-1,500 75-150 Show Window 1,500-2,000150-2000 Typing, Drafting Store Hospital 75-150 7-15 Indoors 30-75 3-7 Emergency Stairs 150-200 15-20 Corridor/Stairs 75-100 7-10 Stairs 200-300 20-30 Reception 100-150 10-15 Sick Room, Warehouse 300-500 30-50 Display Stand 150-200 15-20 Waiting Room 500-750 , 50-75 Elevator 200-750 20-75 Medical Exam Room 750-1,500 75-150 Show Window, Packing Table 750-1,500 75-150 Operating Room 1,500-3,000 150-300 Storefront, Show Window 5,000-10,000 500-1000 Eye Inspection Warranty information Triplett / Jewell Instruments extends the following warranty to the original purchaser of these goods for use Triplett warrants to the original purchaser for use that the products sold by it will be free from defects in workmanship and material for a period of (1) one year from the date of purchase This warranty does not apply to any of our products which have been repaired or altered by unauthorized persons in any way or purchased from unauthorized distributors so as, in our sole judgment, to injure their stability or reliability, or which have been subject to misuse, abuse, misapplication, negligence, accident or which have had the serial numbers altered, defaced, or removed Accessories, including batteries are not covered by this warranty Copyright © 2020 Triplett EXHIBIT 15-008 .OSfc :: o .06fc ` .12fc �yyypyw i.n ..-..ate 4 ..wxaa• .. s.- •IA'"a._� - $Jj .MALI ". ".,^:.. .,�Y9,1 �,�:lr` v .......i: Home All Industries Lights & Lighting A. R '; �, f 1•• �,et. �,�A�` 71y'bn1+.i^%•`_ '•K' iR •S 't1 ass is.. f-�.a,►/ltk► .a.F •••v,•V•i .-41",M4•.wi••4V VA1.►s•..-so:♦•2M••s• ya.s.. �ii'3l•is•a••w►• taws. s eimpIMIw •'. .4. seas ••s.1♦N�� ..an•lienikeate»s.•wsf•bee e•�MAmNM*alsea.•t S one: •NgialeK�•4M.•1.4Ili•s111•iMtM4it�'4't *' ..:...,..„-.:::::..::::::::::4„ M 1r l.r 4aA4�.4M 41•+I t.IM#�3 *** ...... ♦ r#ei....M *Ma M V r• M 4 raga.•+.•. .4IMA,.► fa* aua Jr/fMiN•Mr se MAD* •Q/MMr. *••••:a ri1*• YMWrM. 4A•4.4••►••••r'• • 444 M 4. •....+.•w'•• Nw.WWWt+•. {�1i•♦.•.4J•44w*.•I • aaw . i.• .. R 4 tl./•• 4 0 f a filet w ...as.I,a ..,., '..t....%.. Q View larger image Add to Compare OShare Outdoor Lighting Outdoor Wall Lamps Subscribe to Trade Alert ETL 5 years warranty waterproof wall light outdoor LED wall pack 1 buyer FOB Reference Price: Get Latest Price $39.00 - $69.00 / piece11 1 piece/pieces (Min. Order) Benefits: quantity_ Customization: Shipping: Protection: Quick refunds on orders under US $1,000 Claim now > ± pieces Sea freight Trade Assurance Protects your Alibaba.com orders Refund Policy https://www.alibaba.com/product-detai 1/ETL-5-years-warranty-waterproof-wal l_ 60772662939.html Lilly -Marquardt EXHIBIT 17 EX 17-001 EnvisionLED WPF-SHIELD Cut Off Shield for WPF Wall Packs, Single CCT Bronze Finish cicictrf,..? No reviews 6 sold in last 17 hours Brand: EnvisionLED SKU: WPF-SHIELD $24.80 Quantity: Subtotal: $24.80 ADD TO CART 10 customers are viewing this product ID ADD TO WISH LIST https://buyriteelectric.com/products/envisionled-wpf-shield-wpf-wall-pack-shield-single-cct-bronze-finish- 1 ?variant=39642947092583&currency=USD&utm_medium=product_sync&utm_source=google&utm_content=sag_organic&utm_ca mpaign=sag_organic EX 17-002 Home / ETI CS -WP -14 Cut Cuff Shield For 14 Inch Wall Pack Compatible With 50334261 53304161 53304361 (90600231) ® Hover to zoom r raw https://www.lightingsupply.com/cti-90600231.aspx ETI CS -WP -14 Cut Off Shield For 14 Inch Wall Pack Compatible With 50334261 53304161 53304361 (90600231) Item No: 90600231 $24.55 PER ITEM QTY + ADD TO CART EST. DELIVERY 14-21 DAYS (� Full case qty Add to List EX 17-003 Envision Cut Off Shield for WPF Series Wall Packs, Bronze EnVision WPF-SHIELD EnVision LED's cut off shield is constructed of aluminum and is made for use with WPF series wall packs. Shop more wall pack accessories at HomElectrical.com today! Color: Bronze. Material: Aluminum. Made for use with WPF Series Wall Packs. Etsj cUL/UL Listed. p Dimensions: 14.27 -in (L) x 9.25 -in (W) x 11 -in (H). $26.67 Each Free Shipping Eligible for most orders over $75 1 SKU ENV-WPFSHIELD In Stock Usually ships 3 to 7 Business Days EVisi nt.E.. https://www.homelectrical .com/led-wal l-pack-accessories/env-wpfshield.1.html?srsltid=AdGWZVTc45vtjsBr3okDX4ix9-J- 1 VI5r 1 pel IUrdQutOeSLGm5ftJB»TLc Need Assistance? EX 17-004 HOME ACCESSORIES 1 WALL PACK ACCESSORIES WP6-Series Traditional Wall Pack Glare Shield ► Model# WP6-SHIELD ► Glare Shield for WP6-Series Traditional Wall Packs ► For use with Premise WP6-Series Traditional Wall Packs ► 12.5" (W) x 8" (D) x 6.5" (H) ► Textured bronze finish ► Weighs approximately 2.8 lbs *Wall Pack not included DOWNLOADS O SPEC SHEET https://www.premiseled.com/product/traditional-wal l -pack. -glare -shield -wpb/ EX 17-005 Lilly -Marquardt EXHIBIT 18 WEATHERSERVICENATIONAL � f N N r c Ara _ d Q Twilight Types Weather.gov > Louisville, KY > Twilight Types Three Types of Twilight Louisville, KY Weather Forecast Office In its most general sense, twilight is the period of time before sunrise and after sunset, in which the atmosphere is partially illuminated by the sun, being neither totally dark or completely lit. However there are three categories of twilight that are defined by how far the sun is below the horizon. Civil Twilight: ■ Begins in the morning, or ends in the evening, when the geometric center of the sun is 6 degrees below the horizon. Therefore morning civil twilight begins when the geometric center of the sun is 6 degrees below the horizon, and ends at sunrise. Evening civil twilight begins at sunset, and ends when the geometric center of the sun is 6 degrees below the horizon. Under these conditions absent fog or other restrictions, the brightest stars and planets can be seen, the horizon and terrestrial objects can be discerned. and in many cases, artificial lighting is not needed. Nautical Twilight: • Begins in the morning, or ends in the evening, when the geometric center of the sun is 12 degrees below the horizon. In general, the term nautical twilight refers to sailors being able to take reliable readings via well known stars because the horizon is still visible, even under moonless conditions. Absent fog or other restrictions, outlines of terrestrial objects may still be discernible, but detailed outdoor activities are likely curtailed without artificial illumination. Astronomical Twilight: • Begins in the morning, or ends in the evening, when the geometric center of the sun is 18 degrees below the horizon. In astronomical twilight. sky illumination is so faint that most casual observers would regard the sky as fully dark, especially under urban or suburban light pollution. Under astronomical twilight, the horizon is not discernible and moderately faint stars or planets can be observed with the naked eye under a non light polluted sky But to test the limits of naked eye observations, the sun needs to be more than 18 degrees below the horizon. Point light sources such as stars and planets can be readily studied by astronomers under astronomical twilight. But diffuse light sources such as galaxies nebula, and globular clusters need to be observed under a totally dark sky. again when the sun is more than 18 degrees below the horizon. The figure below shows civil. nautical and astronomical twilight. Note that the angles are not to scale so as to show the three twilight categories with more clarity. sunset Source: https://wl .weather.gov/glossary/ Day horizon sunrise Lilly -Marquardt EXHIBIT 19 2022 Sun Graph for Denver 20 18 1(1 06 04 02 00 Feb May Jig.] Jui Aug Sep Nov Dec Jan 00 02 Night: 1200 am-332am 10:26 pm - 12:00 am Total: 05 06 Mar Apr 04 if Astronomical Twilight: 3:32 am-419am 9:39 pm- 1026 pm On 1 f1 Nautical Twilight: 4:19 am -459 am 8:58 pm - 9:39 pm Total: 01 34 Total: 01:22 Civil Twilight: 4:59 am - 5:32 am 8:25 pm - 8:58 pm Rise/Set Times Oct 1n Daylight: 5-32 am - 8:25 pm Total: 01:05 Total: 14 54 Day/Night Length 70 22 Solar Noon/Midnight: 12:58 pm 12:58 am Sec. 21-5-405. Lighting. As part of the Application, an Operator shall submit a lighting plan for the Construction Phase and, if applicable, the Production Phase of the Location. The lighting plan shall demonstrate compliance with the maximum permissible lighting levels, as described in this Section 21-5-405. The lighting plan shall describe mitigation measures to be used at the Location to comply with the lighting standards outlined in Section 21-5- 405.E. for both Construction and Production Phases. Utilizing Appendix 21-B and taking into consideration the surrounding Land Uses, the number and proximity to Building Units, DOAAs, and/or High Priority Habitats, OGED is responsible for recommending an appropriate LZ, to be considered by the OGED Director and/or the Hearing Officer as part of the 1041 WOGLA Permit. A. Lighting Zones ("LZ"). Table 405 A.1 LZ Recommended Uses or Areas LZ Considerations LZ-0 includes Lighting which when and wilderness astronomical where critical. permanent communities residential the used, permanent the Special Zone period undeveloped is parks protection lighting areas. limited observatories, 0 of review may should and lighting operation. choose in in areas preserves, of should this be the a applied is dark zone. to not amount LZ-0 of or adopt be open any environment expected typically areas required Some to other LZ-0 areas of space, lighting near rural for in and area for is any Recommended wilderness rural areas areas. default and zone for undeveloped LZ--1 include Lighting ambient single-family communities, and typically natural other the settings. Zone lighting with commercial developed and limited 1 rural pertains levels. multi town -family or nighttime areas to These areas centers, industrial/ in typically residential activity. parks that business storage and desire include May other parks, low areas also including Recommended rural areas. two districts; districts; areas. family; and Includes rural business low agricultural preserves -density default residential residential parks; in residential zone zone developed open single zone for space or LZ-2 Lighting ambient multifamily residential hotels/motels, areas predominately serving mixed residential with -use recreational Zone lighting Uses, evening development uses. residential 2 commercial residential pertains levels. schools, Can activities and be to These Uses, used churches, playing with areas, areas institutional and/or embedded to typically a predominance fields accommodate with neighborhood businesses hospitals, moderate include and/or in of a industrial Recommended commercial high residential neighborhood churches, recreation nighttime requirements. density schools facilities; zoning uses districts. business or business or default mixed with lighting and Includes and districts -use neighborhood modest zone districts; light for and light Created: 2022-05-16 10:03:05 [EST] (Supp. No. 77) Page 1 of 4 Lilly -Marquardt IBIT 20 EXH C o O district of outdoor sales or industry in an area otherwise zoned LZ-1 LZ-3 Lighting Zone 3 pertains to areas with moderately Recommended default zone for high lighting levels These typically include large city business districts Includes commercial corridors, high intensity suburban business zone districts, commercial commercial areas, town centers, mixed use mixed use, and heavy industrial areas, industrial Uses and shipping and rail yards with high nighttime activity, high use recreational and playing fields, regional shopping malls, car dealerships, gas stations, and other nighttime active exterior retail areas and/or manufacturing zone districts LZ-4 Lighting zone 4 pertains to areas of very high Not a default zone Includes high ambient lighting levels LZ-4 should only be used intensity business or industrial zone for special cases and is not appropriate for most cities LZ-4 may be used for extremely unusual installations such as high -density entertainment districts, and heavy industrial Uses districts Source Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011 B Construction Phase base allowance for lighting The following lighting limits are the standards for the LZ in which the Oil and Gas Location is situated Table 405 B 1 Construction Phase Base Allowance for Lighting at Oil and Gas Locations LZ-0 I LZ-1 I LZ-2 I LZ-3 I LZ-4 For all LZs, up to 12 0 lumens per SF of hardscape Source Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011 The allowable base lumens for an Oil and Gas Location are calculated using the Lighting Zone as shown in Table 405 A 1, and the total hardscape In both Planning Areas depicted on Appendix 21-B, the Construction Phase hardscape shall equal actual acres up to twelve (12) acres Operators shall ensure that lighting at the Oil and Gas Location does not exceed the assigned allowable base lumens During the Construction Phase or during operations involving Pipeline or Gas Facility installation or maintenance, use of a Workover rig, or stimulation, Operators must comply with the maximum allowable lumens per SF as shown in Table 405 B 1 C Production Phase base allowance for lighting The following lighting limits are the standards for the LZ in which the Oil and Gas Location is situated (or as allowed by the OGED Director and/or the Hearing Officer) Table 405 C 1 Production Phase Base Allowance for Lighting at Oil and Gas Locations (Supp No 77) Page 2 of 4 Created 2022-05-16 10 03 05 [EST] O O LZ-0 LZ-1 LZ-2 LZ-3 LZ-4 0 5 lumens per SF of hardscape 1 25 lumens per SF of hardscape 2 5 lumens per SF of hardscape 5 0 lumens per SF of hardscape 7 5 lumens per SF of hardscape Source Illuminating Engineering Society, International Dark -Sky Association, Joint IDA-IES Model Lighting Ordinance (MLO) with User's Guide, June 15, 2011 The allowable base lumens for an Oil and Gas Location are calculated using the Lighting Zone as shown in Table 405 A 1, and the total hardscape In both Planning Areas depicted on Appendix 21-B, the Production Phase hardscape shall equal actual acres of the Oil and Gas Location after Interim Reclamation Operators shall ensure that lighting at the Oil and Gas Location does not exceed the assigned allowable base lumens During the Production Phase, unless another LZ is allowed by the OGED Director and/or the 1041 WOGLA Hearing Officer, Oil and Gas Locations within the Ag-Rural Planning Area as depicted on the map in Appendix 21-B shall comply with the lighting standards of LZ-0 or LZ-1, depending upon the number of and proximity to Building Units, DOAAs, and/or High Priority Habitats Unless another LZ is allowed by the OGED Director and/or the Hearing Officer, Oil and Gas Locations within the Near -Urban Planning Area as depicted on the map in Appendix 21-B, shall comply with the lighting standards of LZ-0 through LZ-3, depending upon the number of and proximity to Building Units, DOAAs, and/or High Priority Habitats a The OGED Director and/or the Hearing Officer may require another LZ than what is allowed for the Planning Area in which the Oil and Gas Location is situated, depending upon which LZ best fits the land uses and circumstances surrounding the Oil and Gas Location D Lighting plan requirements Operators shall provide a lighting plan with the Application to be considered by the OGED Director and the Hearing Officer The lighting plan will demonstrate compliance with the Construction Phase lighting levels outlined in Table 405 B 1, and the Production Phase lighting levels outlined in Table 405 C 1, if applicable The plan will demonstrate how the Applicant will utilize BMPs and lighting technology to limit the amount of light leaving the Location The plan will include the following information, along with any other information OGED may request A site plan showing lighting fixture locations as well as calculation points detailing the number of footcandles a specific point on the site plan has b Lighting schedule, detailing the different lighting fixtures which are proposed Spec sheets for the proposed lighting fixtures d Photometric plan shaded view E Lighting standards Operators shall adhere to the following lighting standards at all Oil and Gas Locations during all phases of Oil and Gas Operations Nothing in this section shall prohibit the use of indicator beacons or similar lighting that is designed to alert personnel to emergencies or abnormal operating conditions occurring on the Oil and Gas Location 1 Operators shall direct site lighting downward and inward, such that no light shines above a horizontal plane passing through the center point of the light source, with lights hidden by the sound wall if one is present (Supp No 77) Page 3 of 4 Created 2022-05-16 10 03 05 [EST] 2 Operators will place bulbs within fixtures that obscure, block, or diffuse the light to reduce light intensity outside the boundaries of the Oil and Gas Location 3 Offsite impacts from lighting shall be reduced or mitigated to the greatest extent practicable using BMPs including, but not limited to a Minimizing lighting when not needed using timers or motion sensors ("use only the lights you need"), b Using cut-off or full cut-off lighting, c Using lighting colors that reduce light intensity, and d Using low -glare and no -glare lighting 4 Utilization of lighting standards including, but not limited to, those listed above shall ensure Location lighting does not negatively impact the health, safety and welfare of Weld County's citizens, environment, and wildlife within the 1041 WOGLA Zone C) O (Supp No 77) Page 4of4 Created 2022-05-16 10 03 05 [EST] Sec. 23-3-70. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. A. Minimum LOT size: 1. Thirty-five (35) acres. 2. LOTS less than thirty-five (35) acres in size. a. Created prior to September 20, 1961, prior to Weld County Subdivision Regulations; b. Created between September 20, 1961 and August 30, 1972, in compliance with the Weld County Subdivision Regulations; c. Created between August 30, 1972 and December 15, 1992, in compliance with the Weld County Subdivision Ordinance; d Created between December 15, 1992, and December 28, 2000, in compliance with Weld County Subdivision Ordinance No. 173; or e. Created after December 28, 2000, in compliance with Chapter 24 of the Weld County Code. B. Minimum SETBACK: twenty (20) feet. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-WAY. C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. D. Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number shown in the table associated with the definition of ANIMAL UNITS set forth in Section 23-1-90 of this Code. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species, except that on a LOT of at least ten (10) acres and not in a SUBDIVISION or HISTORIC TOWNSITE the owner or occupant shall be permitted to keep or maintain up to eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species, and up to thirty (30) birds. E. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. F Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. G. BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES exceeding ten percent (10%) shall be reviewed internally for compliance with the drainage regulations of this Code. BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed the following without an approved Use by Special Review allowing more coverage or without an approved and constructed stormwater management plan for the SUBDIVISION or HISTORIC TOWNSITE that allows a specified coverage in excess of the following: 1. Forty percent (40%) on LOTS six thousand square feet or less (≤ 6,000 SF). Created: 2022-05-16 10:03:11 [EST] (Supp. No. 77) Page 1 of 2 Lilly -Marquardt EXHIBIT 21 �1 2 Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand square feet (> 6,000 SF) up to one acre (≤ 10 ac) according to the following formula Maximum BUILDING COVERAGE = (-0 149 x In(LOT acreage)) + 0 1 3 Ten percent (10%) on LOTS greater than one acre (> 1 0 ac) (Supp No 77) Created 2022-05-16 10 03 11 [EST] Page 2 of 2 From: To: Subject: Date: Attachments: Jed Scott Shannon Matthews FW: Adams/Lilly & Marquardt Friday, July 22, 2022 1:33:58 PM image001.pnq From: Stephen Morgan <smorgan@morganlawpllc.com> Sent: Sunday, May 01, 2022 2:54 PM To: Jed Scott <jedscott@bell-law.com> Cc: Shannon Matthews <SMatthews@bell-law.com> Subject: Re: Adams/Lilly & Marquardt Following up...sorry for the delay on my end. Based on our investigation, there doesn't appear to be any excessive light dispersion into the neighboring yard. When measured at the property line, the light meter didn't even pick up a noticeable amount --same as any negligible amount of light that reflects off the M/L home from the barn light. The barn light is equal to or less than the lights coming from the Marquadt/Lilly garage. Without any heightened legal requirement to do so by the County, the Adams are not inclined to make any alterations, as they are within their property rights to use the light as installed. As your clients are no doubt in receipt of the County's response to their complaint, we suggest they abide by the rules as well without overreaching further into my clients' rights. Regards, Stephen On Wed, Apr 6, 2022 at 9:28 AM Jed Scott <jedscott@bell-law.com> wrote: Thanks for letting me know, Stephen. I'll pass this information along to my clients. Best, Jed Jeremy E. Scott Bell, Gould, Linder & Scott, P.C. 318 East Oak Street Fort Collins, CO 80524 (970) 493-8999 (voice) (970) 224-9188 (facsimile) jedscott@bell-law.com www.bell-law.com BELL COULD UNDER & SCOTT, ti Lilly -Marquardt EXHIBIT 22 CONFIDENTIAL INFORMATION This transmittal and accompanying documents are intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is prohibited. If you have received this communication in error, please notify us immediately by telephone. Thank you. From: Stephen Vorgan <smorgan@morganlawpllc.com> Sent: Tuesday, April 05, 2022 3:23 PV To: Shannon Vatthews <SMatthews@bell-law.com>; Jed Scott <jedscott@bell-law.com> Subject: Re: Adams/Lily & Marquardt I was able to speak with the Adams today. It is our understanding that Weld County has previously investigated this matter & found that the light is appropriate for the use and location. Nonetheless, in good faith we are having an electrician come out to measure the light dispersion (at the property line) to determine if the light load is excessive for the neighbors & see if any remedial measures can be taken. I will let you know what we find out from the electrician. Stephen On Mon, Apr 4, 2022 at 12:09 PM Stephen Morgan <smorganPmorganlawpllc.com> wrote: Hi Shannon, My daughter is having surgery today...hope to have a response for you tomorrow. On Mon, Apr 4, 2022 at 8:16 AM Shannon Matthews <SMatthewsPbell-law.com> wrote: Good morning, Mr. Vorgan. I am following up again on your response to our correspondence of March 24 (copy attached). Thank you for your prompt attention to this matter. Shannon Matthews I Legal Assistant 318 E. Oak Street Fort Collins, CO 80524 t. 970.493.8999 x 1211 f. 970.224.9188 BELL GOULD LINDER & ScotT, r.c From: Shannon Vatthews Sent: Thursday, March 31, 2022 8:35 AM To: srnorgan@morganlawpllc.com Cc: Jed Scott <jedscott@bell-law.com> Subject: RE: Adams/Lilly & Marquardt Good morning, Mr. Morgan. I understand you were out of town last week when we sent our correspondence below and planned to speak with your clients this week. Could you please provide an update or advise when we might receive a response from you? Thank you! Shannon Matthews I Legal Assistant 318 E. Oak Street Fort Collins, CO 80524 t. 970.493.8999 x 1211 f. 970.224.9188 BELL GOULD LINDER 4tic SCOTT. t'... From: Shannon Matthews Sent: Thursday, March 24, 2022 9:05 AM To: smorgan@morganlawpllc.com Cc: Jed Scott <jedscott5bell-law.com> Subject: Adams/Lilly & Varquardt Good morning, Mr. Vorgan. Please find the attached correspondence from Mr. Scott regarding this matter. If you have any questions, please feel free to contact our firm. Thank you! Shannon Matthews I Legal Assistant 318 E. Oak Street Fort Collins, CO 80524 t. 970.493.8999 x 1211 f. 970.224.9188 BELL GOULD LINDER 8c SCO11". P.c . Hello