Loading...
HomeMy WebLinkAbout3.0 BOCC Staff Report 09.21.2015Board of County Commissioners — Public Hearing Exhibits Jose Castillo Conditional Use Permit — Substantial Amendment September 21, 2015 (File CUAA-8288) Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Information for July 20, 2015 2 Proof of Publication for July 20, 2015 3 Receipts from Mailing Notice for July 20, 2015 4 Photo evidence of Public Notice Posting for July 20, 2015 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan of 2030 7 Application 8 Staff Report 9 Staff Presentation 10 Referral Comments from Colorado River Fire Rescue (dated June 29, 2015) 11 Conditional Use Permit, Reception Number 763254 — Home Occupation for a Mobile Tire Repair Service for Resolution 2007-05 12 Resolution 2007-05 13 Staff Report for Castillo Conditional Use Permit - Home Occupation for a Mobile Tire Repair Service 14 Letter from Fernando Nava Morales (dated July 14, 2015) 15 Petition to Deny request for amendments to Conditional Use Permit 16 Letter from Richard Gonzales 17 Public Hearing Notice Information for September 21, 2015 18 Proof of Publication for September 21, 2015 19 Receipts from Mailing Notice for September 21, 2015 20 Photo evidence of Public Notice Posting for September 21, 2015 Zeiq 16"1 r1°1 1 Opsiitri Ct) `, S l car Vo14/ fl BOCC 9/21/15 File No. CUAA-8288 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Amendment to a Special Use Permit condition of approval — Home Occupation (Mobile Tire Repair Service). APPLICANT — PROPERTY OWNER Jose Castillo ASSESSOR'S PARCEL # 21 81 03201 003 PROPERTY SIZE -0.25 acres. LOCATION The property is located approximately 1/3 of a mile west of the Town of New Castle on Lot 15 of Mountain Shadows Subdivision, in Section 4, T6S, R91W. ADDRESS 0044 Apple Drive, New Castle. ACCESS The Home Occupation is accessed by Apple Drive. EXISTING ZONING The property is zoned Residential / Mobile Home Park. I. GENERAL PROJECT DESCRIPTION This application was first scheduled before the BOCC on July 20, 2015. Due to defect in notice, the hearing was rescheduled to September 21, 2015. Notice in the form of publication, certified letters to adjacent property owners and mineral owners as well as property posting has all been redone for the September 21 hearing date. The Applicant is requesting amendments to conditions of approval for a previously approved Conditional Use Permit for a Home Occupation, Mobile Tire Repair Service. The original Conditional Use Permit was approved on January 15th, 2007 and memorialized under Resolution 2007-05 while the Conditional Use Permit was issued on February 2nd, 2009. The Applicant is requesting to amend several of the Conditions of Approval, specifically the proposed amendments to the Resolution include amending condition #4 (extend hours of equipment operation), #5 (Allow garage doors to be opened), #6 (allow onsite customer vehicle repairs), #7 (allow outside tire storage), #8 (allow signage), #13 (allow deliveries outside designated hours), and #14 (allow walk-in tire service and repair) as well as adding a condition for customer vehicle parking. These 1 conditions are proposed to be modified because the functioning of the business has changed from what was represented to the BOCC in 2007. In accordance with Section 4-106(A)(4), "Any requested change of a specific condition(s) as identified in a resolution adopted by the BOCC shall be considered a Substantial Modification." As a result, this request has been processed as a Substantial Modification and has required a new application for a Land Use Change Permit. In accordance with Section 2-101 of the LUDC, "The requirement for a Land Use Change Permit and the permit provisions set forth in this Article apply to any proposed change in land use..." To this end, the Staff determination within this Report is based on the applicable Standards within the LUDC of 2013, as amended. The review and subsequent decision, however, only affect the proposed change to the Land Use Change Permit and if denied, the original approval will still stand. The Conditional Use Permit that was approved in 2007 and permitted to operate starting in 2009, was for a mobile tire changing business where no customers would come to the home and onsite repair of vehicles was not contemplated (only tires would come to the shop for service). The Staff Report from 2007 describes the proposed use as follows: The Applicant wishes to operate a mobile tire repair service out of a proposed 1500 sq. ft. garage. When a motorist with a flat tire contacts this service, a vehicle will be dispatched. Tires will be exchanged on the scene when possible. This will be a 24hr/day service. Two vehicles will be used for this business, and the applicant proposes to keep both parked in the proposed garage. The necessary equipment includes: 1. Tire balancing machine 2. A machine to remove tires from the rim 3. Compressor and impact wrenches The application in 2007 was reviewed under Section 2.02.29 the Zoning Resolution of 1978 which required the applicant to obtain a Conditional Use Permit for a Home Occupation for this type of use. The 1978 Zoning Resolution defined a Home Occupation as follows: Any use for gain or support carried on as an accessory use within a dwelling or a building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity. It is understood that the Applicant now has a vehicle lift onsite as well as the approved tire balancing machine, a machine to remove tires from the rim as well as a compressor and impact wrench. The Applicant would also like to open the garage doors to bring vehicles in for service; be allowed a maximum of 3 customer vehicles onsite and outside the garage; store tires outside; have a business sign; obtain deliveries more than once per week and outside the 9 AM to 5 PM, and allow for drop off/walk in service. The County Code Enforcement Officer was made aware of the altered operation of the Home Occupation by a neighboring property owner. The Applicant was sent a warning (not a Notice of Violation) letter in December 2014. 2 Subject Parcel Appletree Park 314: Town of New Castle 335 Vicinity Map 5 a 312. 9 24l 22 Mountain,Shadows 2 27��. 18a9 -- 17 16 is 9 Mountain Shallows 335 3 Aerial Map II. LOCATION - SITE DESCRIPTION The site is currently constructed with a 1400 sq. ft. single family home and a 1500 sq. ft. garage for the Home Occupation. The Applicant is currently storing tires in the backyard of the property. The Mountain Shadows subdivision is residential and sits adjacent to Appletree Mobile Home Park. Across CR 335 from the subject parcel is the Colorado River Fire Rescue fire house. The property is zoned Residential / Mobile Home Park while surrounding zoning is PUD. 4 Photo of Site - From Apple Drive Photo of Site - From CR 335 5 III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Board's public hearing in accordance with the Garfield County Land Use and Development Code as amended. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 1. Colorado River Fire Rescue: (See Exhibits 10) • Request that the CRFR be allowed by the owner to pre -plan and inspect the business for Fire Code violations on a yearly basis. • Noted that customer parking could block the Apple Drive through the development. 2. Other agencies that did not submit comments include: (a) Garfield County Road and Bridge, (b) Garfield County Sheriff, (c) Garfield County Environmental Health, and (d) Town of New Castle IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the proposal is required to meet all of the standards as identified in Article 7, Divisions 1, 2, and 3, including Section 7-702 Home Office / Business. The Application materials were limited to those items necessary to review the proposed change. 7-101: Zone District Regulations The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 3 standards for the Residential / Mobile Home Park zone district. Should the use not conform to the Standards outlined in Section 7-702, Home Office / Business, then the Home Occupation use is considered a Commercial Use — Vehicles and Equipment: Repair, Body / Paint, or Upholstery Shop, which is a prohibited use within the Residential / Mobile Home Park zone district. 7-102: Comprehensive Plan and Intergovernmental Agreements The Comprehensive Plan 2030 designates the site as RMH (Residential Medium High Density) and as a Designate Center - Village Center. Excerpts from the Land Use Description Chapter 2 are provided below. Chapter 2 — Future Land Use Residential Medium High (RMH) Small farms, estates, and clustered residential subdivisions; density determined by degree of clustering and land preserved in open condition: 0% open land = 1 du per -6 acres 6 50% open land = 1 du per 4 acres 70% open land = 1 du per 2 acres Growth in Designated Centers Self-contained subdivisions that contain town and neighborhood centers primarily to serve their own populations. Their infrastructure and certain governmental functions are provided by one or more special districts. Village Centers Village Centers are areas where there is a concentration of residential development and commercial development that is intended primarily for the convenience needs of surrounding residential development. This mix of uses may include educational, institutional and civic uses. Section 4 — Economics, Employment and Tourism Vision The County has encouraged economic opportunity and diversity to develop in strategic locations by designating a variety of areas as employment and commerce centers. Designated areas have encouraged business clusters to develop and incubators, entrepreneurial and existing business have expanded into these areas. The county has played a key role in providing traditional and communications infrastructure to specific commerce centers. As the tire service and repair business primarily serves the local community, it is Staff's opinion that the Home Occupation is in conformance with the Village Center designation of the Comprehensive Plan. In addition, the location and design of the proposed facility is in general conformance with the Comprehensive Plan Vision. 7-103: Compatibility The Conditional Use Permit reviewed by the BOCC in 2007 was approved with conditions that were appropriate to allow the mobile tire repair business as was proposed while achieving the goal of the 1978 Zoning Resolution to "not create the appearance or impact of a commercial activity". All of the proposed amendments to the existing conditions of approval (extend hours of operation, allow garage doors to be opened, allow onsite customer repairs, allow outside storage, allow signage, allow deliveries outside designated hours, allow walk-in service as well as adding a condition for vehicle parking) will generally decrease the compatibility of the business with the surrounding residential properties. Essentially, the proposed amendments will legally convert the business from one that is remotely operated to one that is operated entirely onsite as a tire repair, service and sales business. To this end, it is Staff's opinion that due to the density of the residential subdivision that the aggregate impact of the amendments as proposed are generally not compatible with the surrounding land uses. 7-104: Source of Water The home is currently served with water. No changes to water demands are proposed as a part of the application. Although the business is now to be open to walk-in customers, the Applicant has not indicated that any waiting areas or rest room facilities will be provided for customers. 7-105: Waste Water System The home is currently served with wastewater facilities. No changes to wastewater demands are proposed as a part of the application. Although the business is now to be open to walk-in customers, the Applicant has not indicated that any waiting areas or rest room facilities will be provided for customers. 7-106: Public Utilities The home is currently served with public utilities. No changes to public utility demands are proposed as a part of the application. 7-107: Access & Roadways The Home Occupation was previously permitted. As part of this review process, the Staff Report indicated that access is appropriate. No modification to access is proposed as a part of this Land Use Change Permit amendment. The approval for the Mobile Tire Repair business in 2007 did not anticipate customers coming to the home. The Staff Report from 2007 states that "The use will generate traffic as the mobile unit is dispatched to service customers. Regarding deliveries, the Applicant anticipates a maximum of one delivery per week. Tires and other materials will be delivered by suppliers." As the use is now proposed to accommodate walk-in traffic, an increase in vehicle traffic is expected. Specific numbers of vehicles accessing the business was not represented. According to the Institute for Traffic Engineers (ITE) Trip Generation Manual, 8th Edition, an Automobile Care Center (Category 942) is expected to generate 12.48 trips per Service Bay. Staff understands that the business has one lift and as a result, one Service Bay. To this end, the expected traffic generation for this kind of business with walk-in traffic is expected to be 12.48 average daily trips. The ITE Trip Generation Manual states that a Single Family Dwelling Unit has an expected traffic impact of 9.57 average daily trips. To this end, the business alone as proposed is expected to generate 30% more traffic than the single family dwelling unit on the property and have a cumulative traffic impact of 22.05 (12.48 + 9.57) average daily trips. While this increase in the volume of traffic is expected to be noticeable to surrounding property owners, it is not anticipated to require any road or driveway improvements. The application was referred to Road and Bridge, but no comments were received. 8 7-108: Natural Hazards The Home Occupation was previously permitted. A review of identified hazards through Garfield County GIS did not reveal any known hazards on the property. 7-109: Fire Protection The Application was referred to Colorado River Fire Rescue, which has requested that the owner allow inspection of the business on a yearly basis. In addition, concerns were expressed regarding on street customer parking blocking the roadway. Staff recommends a condition of approval that the owners allow Colorado River Fire Rescue to inspect the business on an annual basis as well as a condition prohibiting on street parking. The proposed amendments to the application are not anticipated to increase the overall fire danger of the property, however. The property is located across CR 335 from the Fire District's fire house and is not located within an area with a high fire danger according to the Community Wildfire Protection Plan (CWPP). 7-201: Agricultural Lands With no new disturbed areas, no impact on agricultural land is anticipated. 7-202: Wildlife Habitat Areas As the Home Occupation is located within a dense residential subdivision and no new disturbance areas are proposed, no impacts to wildlife are anticipated. 7-203: Protection of Water Bodies As the Home Occupation is located within a dense residential subdivision and no new disturbance areas are proposed, no impacts to water bodies are anticipated. 7-204: Drainage and Erosion (Stormwater) As the Home Occupation is located within a dense residential subdivision and no new disturbance areas are proposed, no new impacts to drainage and erosion are anticipated. 7-205 Environmental Quality No adverse impacts to environmental quality is expected as a result of the proposed amendments. 7-206: Wildfire Hazards See Section 7-109, above. 9 7-207 Natural and Geologic Hazards See Section 7-108, above. 7-208: Reclamation No new disturbance is expected which would require reclamation. 7-301: Compatible Design See Section 7-103, above. 7-302: Off -Street Parking and Loading Standards The Applicant has indicated that the property has parking for three vehicles inside the garage, two vehicles in the driveway and additional space for 8 vehicles. In accordance with the LUDC, the single family dwelling unit is required to have 2 spaces while the tire business is required to have 1 space per 250 Square Feet of Leasable Floor Area (Commercial Use — Retail, Service, or Office). The Applicant has represented that the business occupies a space of 1,500 square feet. As a result, the tire business is required to have 6 parking spaces. To this end, the tire business in addition to the single family dwelling unit require 8 off street parking spaces. From the Applicants representations, it appears that there is adequate off-street parking for the proposed business and residential uses. Comments were received Colorado River Fire Rescue. These comments state that "I (Orrin Moon, Fire Marshal) do have concerns about added parking on the street and the possibility of fire access being blocked by the parking. A 20' road way shall be maintained at all times." Staff recommends a condition of approval that no business related parking shall be permitted on any adjacent roadway. 7-303: Landscaping No changes to the physical characteristics of the site are proposed. The property is currently landscaped consistent with that common for a single family home. 7-304: Lighting No changes to the physical characteristics of the site are proposed. 7-305 Snow Storage Adequate snow storage is available on the property where this facility is located. 10 7-306 Trails The tire business is within a residential subdivision. While the local streets do not have trails or sidewalks, there is a new trail located behind the property and along County Road 335. 7-702 Home Office / Business A. Activities Incidental and Secondary The residence of the person(s) conducting the Home Office/Business and all Home Office/Business activities, shall remain incidental and secondary to the use of the property for residential purposes. Child day care that takes place in a home is not considered, for the purposes of this Code, a Home Office/Business. 1. The amount of space used for the Home Office/Business activity, including any storage, shall not exceed 25% of the total amount of Floor Area and unfinished Basement, garages and storage areas, in which the business is operating. 2. The use shall not have the appearance of a commercial use. The currently permitted Mobile Tire Repair business is 51.7% of the total combined home and garage floor area square footage. As a result, the proposed Home Office / Business would not be permissible under the 2013 LUDC. However, Staff understands that the Applicant does currently reside on the property with the Mobile Tire Repair business. This ratio is not proposed to change as a result of the modifications to this permit. The nature of the business, however, is proposed to change from what was reviewed and permitted in 2007. The anticipated impacts to the appearance of the property as a commercial use are outlined below for each of the requests. The Applicant is requesting to increase the hours for which they can operate equipment from 9AM — 5PM Monday — Friday and 9AM — 12PM on Saturday to 7AM - 6PM Monday — Friday and 7AM -5PM on Saturday. While the hours of equipment operation did not have as substantial an impact under the permit issued for a Mobile Tire Repair business where no customers came to the residence, this increase in the hours of operation, particularly on Saturday will mean more traffic and commercial activity during the hours when more surrounding residents are at home. As a result, it is Staff's opinion that increasing the hours of operation will increase the appearance and impacts associated with the commercial activity. Currently, the Applicant is required to keep the garage door closed at all times. The purpose of this condition is specifically to limit the appearance as well as visual and noise impacts of commercial activity. Allowing work to be conducted on vehicles while the garage doors are open will directly expose the tire repair 11 business to the surrounding neighborhood. As a result, it is Staff's opinion that allowing the garage doors to be open will increase the appearance and impacts of the commercial activity on the site. - The Applicant is requesting to conduct onsite tire service, repair and sales. One of the main premises of the Conditional Use Permit approved in 2007 was that no work would be conducted onsite to customer's vehicles. Instead, as a Mobile Tire Repair business, tires would be changed in the field with the damaged tire brought back to the shop for repair. This provision of the business was mirrored in the conditions of approval which in turn helped the business meet the requirements of the 1978 Zoning Resolution. By allowing onsite tire service, repair and sales, the Applicant is requesting to operate a full service tire business within a residential subdivision. It is Staff's opinion that such an expansive business does not fit the current Code requirements for a Home Business as it will inherently have the appearance and impacts of a commercial operation. Should the Board wish to allow onsite service of customer vehicles, Staff recommends a condition of approval that requires all work to be contained within a building. Signage is a clear indication of commercial activity. As a result, the approved Permit does not allow for signage. The Applicant is requesting signage because, as a tire service and sales business with walk-in customers, it is important to help guide customers to the establishment. It is Staff's opinion that allowing signage will create the appearance and visual impact of the commercial activity on the site. Commercial uses which do not fit the Standards for a Home Office / Business are prohibited in the Residential / Mobile Home Park zone district. The application which was approved in 2007 required all tires to be stored inside the garage or dwelling. The Applicant now wishes to store tires in the backyard of the home and business. It is Staff's opinion that allowing outdoor storage of tires will create the appearance of the commercial activity on the site. Commercial uses which do not fit the Standards for a Home Office / Business are prohibited in the Residential / Mobile Home Park zone district. The Applicant would like to allow outside parking of up to three customer vehicles. Customer vehicles parked outside can create the appearance of commercial activity. However, should the BOCC wish to allow an expansion on this business at this location, Staff suggests a condition of approval which places a limit of three customer vehicles parked outside, limit customer parking to the garage driveway and prohibit parking on Apple Drive or CR 335. B. Activity Contained The activity shall be contained within a building. The Applicant is requesting three changes that are impacted by the requirement that all activity be contained within a building. These changes are outlined below. 12 The Applicant is requesting that the garage doors be permitted to be open while work is being conducted on vehicles. Permitting the garage doors to be open while work is being performed would bring the operation out of compliance with the provision that the activity be contained within a building. The application which was approved in 2007 required all tires to be stored inside the garage. The Applicant now wishes to store tires in the backyard of the home and business. The storage of tires outside the building would mean that all business activities would not be contained within a building. - The parking of customer vehicles outside has been requested. The parking of customer vehicles outside means that this activity would not be contained within a building. C. Provision of Mandatory Parking Spaces The location of the Home Office/Business shall not interfere with the provision of mandatory parking spaces for that property. See Section 7-302, above. D. Activities Conducted by Resident All Home Office/Business activities must be conducted by the person(s) who reside at the location. The activity may be supported by no more than 1 person living off site, such as an employee, independent contractor, officer, agent, partner, volunteer, or any person serving in any other capacity for the benefit of the Home Office/Business. Staff understands that the Applicant resides at the subject property and also runs the existing and proposed business. E. Disturbances The Home Office/Business activity shall not result in any noise, fumes, dust, electrical disturbance, or traffic reasonably objectionable to an Adjacent Property Owner. The application that was approved in 2007 did not permit onsite repair of customer vehicles. The reason for this provision was to limit disturbance to neighboring property owners and increase compatibility with the residential neighborhood. The proposed amendments would allow customer vehicle repair onsite. In addition, it would permit the opening of the garage doors while work is being conducted. This combination of activities would increase the amount of audible noise to neighboring property owners as a result of the tire repair and sales business. In addition, by permitting walk-in service and expanded hours of operation, there will be a notable increase in traffic as discussed in Section 7-107, above. 13 F. Display of Goods and Retail Sales No Home Office/Business activity may include any window or outdoor display of goods, any stock in trade, or any other commodities. The Applicant has not proposed to display any goods or other commodities. G. Signage There shall be no signs advertising a Home Office/Business. The Applicant has requested to install a sign for the business in order to let customers know where it is located. This section of the LUDC is clear that signs are not permitted as part of a Home Office / Business. The approval in 2007 also specifically prohibited signage as it made the presence of the commercial activity apparent within the residential subdivision. V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS No supplemental information was submitted after the application was deemed technically complete. VI. RECOMMENDATION Option 1 - Denial of Amended Conditions #4, #5, #6, #7, #8, #13 and #14 Staff finds that the proposed amendments do not meet the Standards for a Home Office / Business within the LUDC of 2013, as amended, and changes the nature of the approval from 2007. As a result, Staff recommends Denial of the proposed amendments to the Conditional Use Permit for a Home Occupation for a Mobile Tire Repair Service memorialized by Resolution 2007-05. It is staff's opinion that unless the use meets the Standards for a Home Office / Business in the LUDC of 2013, then the use is considered a Commercial Activity (Vehicles and Equipment: Repair, Body / Paint, or Upholstery Shop), which is a prohibited use in the Residential / Mobile Home Park zone district. In accordance with Section 4-106(B)(1)(b)(1), "the review of the application may result in an approval, approval with conditions or denial of the amendment only. If the amendment is denied, the Applicant's original approval is still valid." Should the BOCC deny the application as proposed, Staff recommends the following Findings. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and 14 complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Amendments to the Conditional Use Permit for the Castillo Home Occupation for a Mobile Tire Repair Service are NOT in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That the application has NOT adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. Option 2 — Denial of Amended Condition #8, Approval of Amended Conditions #4, #5, #6, #7, #13 and #14, Addition of Conditions related to the Permit title and number of vehicles onsite. As this application was approved as a Conditional Use Permit under the 1978 Zoning Resolution, should the BOCC wish to approve the requested amendments, Staff recommends the following Findings, Waivers from the Standards and conditions of approval. Staff recommends maintaining condition number 8 (with a change in verbiage), prohibiting signage, with the intent as it exists today in order to increase conformity to the LUDC. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That with the adoption of waiver from the Home Office/Business standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, Section 7-702(A)(2) and Section 7-702(B). 4. That for the above stated and other reasons the proposed Amendments to Condition #8 to the Conditional Use Permit for the Castillo Home Occupation for a Mobile Tire Repair business is NOT in the best interest of the health, 15 safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 5. That for the above stated and other reasons the proposed Amendments to Condition #4, #5, #6, #7, #13 and #14 to the Conditional Use Permit for the Castillo Home Occupation for a Mobile Tire Repair business are in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 6. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 7. That the proposed amendments to Condition 4.5-aRe1-#7 have NOT adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. /4', 6, 13, /Li 8. That the proposed amendment to Condition *I -and -0 have adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. Conditions of Approval 1. The title of the Conditional Use Permit shall be changed from a Home Occupation for a Mobile Tire Repair Service to a Conditional Use Permit for Tire Repair, Service and Sales. 2. Condition #4 of Resolution 2007-05 was originally approved as follow Hours of operation for the following equipment will be restricted to 9:00 a.m. to 5 p.m., Monday through Friday, and 9 a.m. to 12 p.m. Saturday. Operation of this machinery on Sundays will not be allowed. 1) Tire balancing machine 2) A machine to remove tires from the rim 3) Compressor and impact wrenches This Condition #4 shall be modified to: Hours of operation for the following equipment will be restricted to 7:00 a.m. to 6 p.m., Monday through Friday, and 7 a.m. to 5 p.m. Saturday. Operation of this machinery on Sundays will not be allowed. 1) Tire balancing machine 16 2) A machine to remove tires from the rim 3) Compressor and impact wrenches 4) Vehicle lift 3. Condition #5 of Resolution 2007-05 was originally approved as follows: Garage doors shall remain closed at all times. This Condition #5 shall be modified to: Garage doors shall remain closed at all times with exception to bringing vehicles in and out of the garage. 4. Condition #6 of Resolution 2007-05 was originally approved as follows: On-site Customer vehicle repair is prohibited. This Condition #6 shall be modified to: The repair of all customer vehicles, tires and equipment shall be conducted within a building. - hJ l;)jet oi2( 5. Condition #7 of Resolution 2007-05 was originally approved as follows: All operations of the home occupation must be conducted within the dwelling or accessory building (proposed garage), including the storage of tires and equipment. This Condition #7 shall be modified to: All operations of the home occupation must be conducted within the dwelling or accessory building (garage), excluding the storage of tires which, if not stored within a building, must be stored under cover behind the garage and dwelling. All equipment must be stored within a building. Customer vehicles may only be parked in the driveway to the garage or within the garage. 6. Condition #8 of Resolution 2007-05 was originally approved as follows: No signs advertising the home occupation may be placed anywhere on the subject property. This Condition #8 shall be modified to: (maintain original intent, but change verbiage to match LUDC Section 7-702(G)) 17 There shall be no signs advertising the Home Office / Business. 7. Condition #13 of Resolution 2007-05 was originally approved as follows: Deliveries shall be limited to once per week, and may only be conducted between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. This Condition ,k8 shall be modified to: Deliveries may only be conducted between the hours of 7:00 a.m. to 6 p.m., Monday through Friday, and 7 a.m. to 5 p.m. Saturday. 8. Condition #14 of Resolution 2007-05 was originally approved as follows: Walk in service shall be prohibited. This Condition shall be deleted. 9. The following condition shall be added: Customer vehicles onsite at any one time shall be limited to three (3) and must be parked either within the garage or on the driveway to the garage. The parking of customer vehicles on Apple Drive shall be prohibited. e yA`r° 1 _'Ji 9. udi V � 44 (G -e (` 4/ c -C Sem. 18 //o ✓'ply r s L� EXHIBIT 1 Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ❑ My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the day of , 2015. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the ( 7 day of , 2015. ■ Please attach proof of publication in the Rifle Citizen(T legram. My application required Posting of Notice. Notice was posted on the C day of I iJ , 2015. Notice was posted so that at least one sign—faced each adjacent road right of way generally used by the public. I testify that the above information is,true and accurate. Name: I ' �. Signature: 0../ Date: 06/17/15 Receipt of Payment Swift Communications Account 1009112 Name GSPI House- no employ Credit Card Phone (970)945-8515 Type V Address 824 Grand Ave Num ********************* Auth 601137 Expir &&/qR City Glenwood Springs State CO Zip 81602 Country Code US Start 06/25/15 Paytype CC Issues 1 Stop 06/25/15 Rate Code VCT Class 0990 Copy ct Castillo CUP Legal Notice Amount Tax Amount Paid Payment Due 42.17 Rep SPi7S 0.00 Ad # 11284879 42.17 Paytype Credit Card 0.00 Balance 0 Receipt No 10:59 AM cE L.l Dt-Icnp0,41 Rec.. Des,111.00 Ad shown is not actual print size 319 Words 1 cols x 4.77 inches Ad Size Received by Date Original Receipt of Payment 06/17, '15 A:;count 1009112 Name GSPI House- no employ Phone (970)945-8515 Address 824 Grand Ave City Glenwood Springs State CO Zia 81602 Swift Communications Credit Card Type V Num ********************* Auth 601137 Expir &&/qR Country Code US Start 06/25/15 Paytype CC Issues 1 Stop 06/25/15 Rate Code VCT Class 0990 Copy ct Castillo CUP Legal Notice Amount Tax Amount Paid Payment Due Received by 42.17 Rep 8PI75 0.00 Ad # 11284879 42.17 Paytype Credit Card 0.00 Balance 0 Receipt No 10:59 AM PUBLIC NOTICE TAKE MOTIC L 9S Dex1111%.0 LIATIleia SAT, P.y. I Pe.c.IPI,w,. Ad shown is not actual print size 319 Words 1 cols x 4.77 inches Ad Size Customer Copy Date Ad ID 111284879 Date 106/17/2015 PUBLIC NOTICE TAKE NOTICE that the Jose Castillo has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request approval of amendments to a Conditional Use Permit for a Home Occupation on a property situated in the County of Garfield. State of Colorado: to -wit: Legal Description: Section: 3 Township: 6 Range: 91; Subdivision: MOUNTAIN SHADOWS SUBDIVISION Block: 2 Lot: 15. County of Garfield. State of Colorado Garfield County Assessor Parcel Number: 2181-032-01-003 Practical Description: 44 Apple Drive, New Cas- tle. CO 81647 Project Description: This is a request for an amendment to a Conditional Use Permit (CUP) for a Home Occupation (Mobile Tire Repair Service). The Applicant and property owner proposes to modify conditions of approval for the CUP memori- alized in Resolution 2007-05. The Applicant is re- questing that the Permit be amended to allow: walk-in customers, vehicle repair onsite. signage. customer vehicles onsite, tire storage, open ga- rage doors and extended hours of operation. The Property is zoned Residential/Mobile Home Park. All persons affected by the proposed plan are invit- ed to appear and state their views. protest or sup- port. If you can not appear personally at such hearing. then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The applica- tion may be reviewed online (http: www_garheld- county.com.community-development planning- project-information.aspx) or at the office of the Planning Department located at 108 8th Street. Suite 401. Garfield County Plaza Building. Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m.. Monday through Friday. A public hearing on the application has been scheduled for Monday, July 20th, 2015 at 1:00 P.M. in the in the County Commissioners Meeting Room. Garfield County Administration Building. 108 8th Street. Glenwood Springs. Colorado. Planning Department Garfield County Published in the Citizen Telegram June 25, 2015. (11284879) Ad shown is not actual print size Time l 10:59 AM U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com0'. v ertified Mail Fee dra Services & Fees (check box, add fee esappropriate) 3 Retum Receipt (hardcopy) $ • 3 Return Receipt (electronic) $ ] Certifiaf Mall Restricted Delivery $ ]Adult Signature Required $ ]Adult Signature Restricted Delivery $ - - 'stage tal Postage and Fees ni6Q rAer ted an6Api , or P� ox"Nb. a25 e, Z1_ . u e Postmark Here 1 •_11553 1N c 4-335 41 1401 • 1610 Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructiorzg U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.come. C :edified Mail Fee xtra Services & Fees (check box, add fee es:approprfate) ❑ Retum Receipt (hardcopy) ❑ Retum Receipt (electronic) ['Certified Mail Restricted Delivery $ ['Adult Signature Required $ ]Adult Signature Restricted Delivery $ ostage atal Postage and Fees Postmark Here c11,4 prate, 16 4� Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal Servicer" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information,., visit our website at www.usps.com`. ertified Mall Fee dm Services & Fees (check box, add fee asappropriate) 3 Return Receipt (hardcopy) $ 3 Retum Receipt (electronic) $ 3 Certified Malt Restricted Delivery $ - ]Adult Signature Required $ 3 Adult Signature Restricted Delivery $ )stage rtal Postage and Fees Postmark Here rt T° P d alljn )l!qq Q�n So File T f~� [vr.i tg Teat and o., or C $ox !To. ''=`2-e, a ' `-4 ---a- stat165 a — 0a3 6 co rs m rR D D D -n D U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only ror delivery information, visit our website at ww,wusps.cor Certified Mall Fee Extra Services & Fees (chock box, add fee as appropriate) ❑ Retum Receipt (hardcopy) $ ❑ Retum Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ ['Adult Signaturo Required $ ❑Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Postmark 1-lere EXHIBIT •3 u, S t To rR nLLZ `l eet andNo., or f5 r- m f•- •- r - 5173 1549 1 D D Ln ri D r' - No. S F/6t/7 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.coma. Certified Mail Fee Extra Services &fees (check box, add fee -as . appropriate) ❑ Retum Receipt (hardcopy) $ • ❑ Return Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ ❑Adult Signature Required $ ['Adult Signature Restricted Delivery $ Postage $ To^al Postage and Fees $ SeptTo ,�tt .V.ry Street annd Apt 1 City, State, Z,P+4e Postmark Here —drPO $ox )q tpQ L PS Form 3800, April 2015 PSN 7530-02-000-9047 61 411. See Reverse for Instructions U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. E Certified Mall Fee Extra Services & Fees (check box, add teem appropriate) ❑ Retum Receipt (hardcopy) $ - ❑ Return Receipt (electronic) $ ❑ Certified Mail Reetridod Delivery $ ❑ Mutt Signature Required $ - ['Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees $ Postmark Here - P�" Form 3800,Arid! .2015 PSia 7530-02-000-9047 U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. Certified Mall Fee $ Extra Services & Fees (check boz add (eaas apprbpriate) D Return Receipt (hardcopy) o Retum Receipt (electronic) D Certified Mail Restricted Delivery $ °Adult Signature Required a Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here segif ,•!2 Ge. did-Apr.1v r 09foqk S City, te, ZIP+4• 4 a t 6 ti 2 PS Form 3800, April 2015 PSN 7530 02-000 9017 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.coar% Dertified Mail Fee :xtra Services & Fees (check box, add feasts appropriate) o Retum Receipt (hardcopy) o Retum Receipt (electronic) $ - • D Cuffed Mail Re...,ricted Dolivery $ Adutt Signature Required $ Adult Signature Restricted Delivery $ . 'ostage etal Postage and Fees S71112 No.: or PUtio.i Postmark Here S Form 3800, April 2015 I;Sk7530-02-000-9047 See Reverse for Instructions U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. A"\,\ij f.; Certified Mail Fee Extra Services & Fees (check box, add Maas apprepriato) o Return Receipt (hardcopy) o Return Receipt (electr'onic) $ • ['Certified Mail Restricted Delivery $ D Ad utt Signature Required D Adult Signature Restricted Delivery $ Postage Total Postage and Fees •oro tej, Fern CTACI 0 To Streefan6 tlrfa, of PCIP—Wo. . ... Postmark Here PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions ru m u-) m r -a 111 D D —0 u1 r -R U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mait Fee $ Ex".ra Services & Fees (check box. add lee gs appropnate) Retum Receipt (hardcopy) $ o Retum Receipt (electronic) D Certified Mail Restricted Delivery $ D Adult Signature Required D Ad uft Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here la14 Cm6r sc,c , S -6* eat and Apt)ifii;OFIVIScii 125_ ............ 335 ttp i 6 tr) 1 szi-"- Ai PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 0004 5173 1792 cO r - r -9 m —13 Lfl D r' - U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic WI Only For deny*. Info? ptioniVisitpo :website at vvww.usps.com 1. Certified Mail Fee $ Postmark Here Extra Services 0 Return Receipt 0 Return Receipt ID Certified Mail ['Adult Signature 0 Adult Signature & Fees (check box, add lee as -appropriate) (hardcopy) $ (electronic) $ Restricted Delivery $ • Required $ . Restricted Delivery $ Postage $ Total Postage and Fees .. $ teTo .LCD -id etand- iV. C & state, 2 • , IV -0 tile n c t.irJo.,orpbboxilo. T ' - ko- 4 G., ' t - t t PS Form 3800, A • iii 2015 PSN 7530-02-000-9047 See Reverse for Instruction U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery ` ;,:Y'-',, information, visit our website wwuspscom at w..'. :r_ —17"'' 7 -fir.31 p r \ L Certified Mall Fee $ Postmark Here 'Extra Services 0 Retum Receipt 0 Return Receipt El Certified Mail ID Adult Signature 0 Adult Signature & Fees (check box. add fee a.s appropriate) (hardcopy) $ • , (electronic) $ - - Restricted Delivery $ . Required $ Restricted Delivery $ Postage $ Total Postage and Fees *1 To er Li Leil Se„?.. 1.1.7gilk Pai5.a. ,S Street atierttpf.-fil 7, 0115 ox p," _It Ccit ' L—LY c Le ate, IP4,4ke 7 1 , et.L l_O 5E.P Co-. 16 11..adiyollr-s "I tit? - ii 1 P - 47 ti L) rR m r- rR LI) Ls) r-4 U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usp.§.com". Certified Mail Fee !TA n Fr -7 Extra Services & Fees (check box, acid lea as appropriate) o Return Receipt ihardcopy) o Retum Receipt (electronic) o Certified Mail Restricted Delivery $ • ' 0 Adult Signature Required D Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ 49 (Kai 5 ossed 455) Lem 17 A Al • srwt To eefAQ4 ., or 6 Box Postmark Rare fit /It) P+4 1 til,Y u Y 4 0 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reversefor Instructions U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www. usps.com US [E Certified Mail Fee Extra Services & Fees (chock box, add fee as appropriate) El Return Receipt (hardcopy) $ ID Return Receipt (electronic) $ o Certified Mail Restricted Delivery $ , • • • 0 Adult Signature Required $ O Adult Signature Restricted Delivery $' Postage Total Postage and Fees $ Postmark Here Segy/ 7 OA) CO t An2.- T9 ,19 21.4 T tie?' 1.413, State, ZiFty4se —0 G7 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions COLORADO RIFER Colorado River Fire Rescue EXHIBIT David Pesnichak Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Reference: CUAA-8288 Castillo- Home Occupation- CUP Amendment June 29, 2015 David, I have reviewed the referral request of Jose Castillo for his Tire Repair Service, along with a site visit. This file number is CUAA-8288 and I have the following comments for this proposed CUP amendment. 1. I request that CRFR crews be allowed by the owner to Pre -Plan and inspect the business for Fire Code violations on a yearly basis. 2. I do have concerns about added parking on the street and the possibility of fire access being blocked by the parking. A 20' road way shall be maintained at all times. I believe that the added parking should be addressed with a parking plan. Thank you for allowing CRFR to make comments on this amendment. Please contact me with any questions or concerns. Orrin D. Moon. Fire Marshal • 1111 *El PEAK/MYR ' 11 11 1 Receptionq• 763254 02/L712009 11 :43:20 An Jur. .barico 1 of L Roc Fee SO 00 Doc Foe 0 00 GARFIELD COUNTY CO CONDITIONAL USE PERMIT for LOT 15 OF THE MOUNTAIN SHADOWS SUBDIVISION OWNED BY JOSE CASTILLO LOCATED AT 0040 APPLE DRIVE, GARFIELD COUNTY, CO EXHIBIT ,i i In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. x007-05 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Conditional Use Permit, the following activity: HOME OCCUPATION FOR A MOBILE TIRE REPAIR SERVICE This Conditional Use Permit is issued subject to the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, C ATTEST: GARFIELD COUNTY BOARD OF CO i I • , GARFIELD CO n'l a/daro1 Clerk of the Board - Date Ill1II I ht,HtlifigINOC6+ ;lifi, l it /Ili1 Receptionit; 716949 02/08/2097 04=3B 23 Fel B 1893 P:0369 Jean Alberieo 1 et 4 Ree Fee SO DO Doo Fee. GRRFIEtD COUNTY CO STATE OF COLORADO )ss County of Garfield EXHIBIT 1 CZ At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building. in Glenwood Springs on Monday, the 15th day of January, 2007, A. D. there were present: John Martin Larry McCown Tresi Hount Don Deford Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2007 -05 A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION FOR LOT 15 OF THE MOUNTAIN SHADOWS SUBDIVISION LOCATED AT 0040 APPLE DRIVE, GARFIELD COUNTY, COLORADO Parcel ID: 2181-032-01-003 WHEREAS, the Board of County Commissioners of Garfield County, Colorado (the Board), received an application for a Conditional Use Permit (CUP) for a Home Occupation to operate a mobile tire repair service on Lot 15 of the Mountain Shadows Subdivision owned by Jill Jose Castillo, located at 0040 Apple Drive, Garfield County, Colorado and is also located within the R-MH/G/UD zone district; and WHEREAS, the Board held a public hearing on the 15`t' day of January, 2005, upon the question of whether the above described CUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said CUP: and WHEREAS, the Board, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That adequate public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; 1 1111111 PAM MICH 11111 Receptiantt: 716949 02/08/2007 04:38 23 PM 8 1893 P 0370 Jean Aiberaco 2 01 4 Rec Fee SO 00 Doe Fee: GARFIELD COUNTY Co 2. That the hearing before the Board of County Commissioners was extensive and complete, that sufficient pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 3. That for the above stated and other reasons, the proposed Conditional Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with Sections 3.11.02, 5.03, and 9.02 of the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado. that the Conditional Use Permit is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Business operations may not begin until the applicant establishes the subject property as his primary residence. 3. Appropriate building permits shall be obtained for the garage before business operations begin. 4. Hours of operation for following equipment will be restricted to 9:00 a.m. to 5.p.m., Monday through Friday, and 9:00 am to 12:00 p.m. Saturday. Operation of this machinery on Sundays will not be allowed. I) Tire balancing machine 2) A machine to remove tires from the rim 3) Compressor and impact wrenches Garage doors shall remain closed at all times. r>, Onsite customer vehicle repair is prohibited. 7. All operations of the hone occupation must be conducted within the dwelling or accessory building (proposed garage), including the storage of tires and equipment. 8`\ No signs advertising the home occupation may be placed anywhere on the subject property. 9. No employees are allowed for the home occupation. Only the property owner and any family members residing at the subject property may be involved in the home occupation. 2 1111II `ai Mid MILIA .I WIN WIN 11111 Reeeptionft: 716949 02/08/2007 04.38 23 PM B 1883 P.0371 Jean Rtbarbco 3 of 4 Rae Fee SO 00 Doo Fae GARFIELD COUNTY CO 10. Residential habitation of the garage Shall be prohibited. 11. Ingress and egress is restricted to the west side of the subject lot adjacent to Apple Drive. 12. Vehicles displaying commercial advertisement must be stored inside the proposed garage. 13. Deliveries shall be limited to once per week. and may only be conducted between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. 14: Walk in service shall be prohibited. 15. Any violations of the terms. interpretations or agreements made or represented to Garfield County by the applicant pertaining to or included in this conditional use permit, shall be considered a breach of the terms of conditions and the applicant shall cease and desist all activities resulting in a revocation of the conditional use permit. 16. This Conditional Use Permit is only valid under the ownership of the Applicant (Jose Castillo). In the event that the property is sold to a subsequent owner other than Jose Castillo, the Conditional Use Permit shall become null and void and only those uses found in Section 3.11.01 of the Garfield County Zoning Resolution of 1978, as amended will transfer with the property. 17. The Conditional Use Permit shall not be issued until all Zoning Violations on the subject lot are rectified. Dated this 54-4rday of t .€.k _ , A.D. 2007 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, C• ORADO 3 1111 IF'' Whitt MIME0iih.4+iINICOLIVEN 11III ReeeptionN: 716949 02108!2007 04 30 23 PM 8 1893 P 0372 Jean A1berica 4 of 4 Rec Fee EO 00 Doc Fee GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO )ss County of Garfield , Aye , Aye ,No 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County. now in my office. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 4 EXHIBIT r =3 Exhibits for Public Hearing held on January 15, 2007 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application materials E Staff Memorandum F Letter from Randal V. Kimball G Letters submitted by Paula Bush and subdivision residents not present G1 Bob and Paula Bush G2 George and Royce Ann Mosher G3 Joe and Shirley Budd G4 Gabe and Stephanie Miller G5 Peggy Philips REQUEST APPLICANT LOCATION BOCC 01/15/07 CR PROJECT INFORMATION AND STAFF COMMENTS Conditional Use Permit (CUP) for a Home Occupation in the ARRD zone district. Jose Castillo Lot 15, Block 2, Mountain Shadow Subdivision ACCESS 40 Apple Drive WATER Talbott Enterprises SEWER Talbott Enterprises EXISTING ZONING ARRD I. REQUEST The Applicant requests approval from the Board for a Conditional Use Permit for a Home Occupation to operate a Mobile Tire Repair Service. A Home Occupation is defined in the Section 2.02.29 of the Zoning Resolution of 1978, as amended as the following: Any use for gain or support carried on as an accessory use within a dwelling or a building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity. II. PROJECT DESCRIPTION The Applicant whishes to operate a mobile tire repair service out of a proposed 1500 sq. ft. garage. When a motorist with a flat tire contacts this service, a vehicle will be dispatched. Tires will be exchanged on the scene when possible. This will be a 24 hr/day service. Two vehicles will be used for this business, and the applicant proposes to keep both parked in the proposed garage. The necessary equipment includes: 1) Tire balancing machine 2) A machine to remove tires from the rim 3) Compressor and impact wrenches 1 Replacement tires will be delivered onsite by suppliers. ID. SITE DESCRIPTION The subject property is a corner lot Iocated at the entrance of the Mountain Shadows Subdivision. Mr. Castillo is proposing to remove the existing mobile home and install a manufactured home and garage. IV. REFERRAL Staff referred the request to the following for comments. The comments can be found attached as exhibits. A. Town of New Castle: No Comments Received B. Burning Mountain Fire District: Proposed neither conditions nor restrictions to the project. (Exhibit C) V. REVIEW STANDARDS & STAFF COMMENTS Conditional Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use shall be consistent with Garfield County's definition of a home occupation listed in Section 2.02.29 of the Garfield County Zoning Resolution. Staff has provided the standards in bold italics below followed by a Staff Response. 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Sanitation and water services are provided by a public system operated by Talbot Enterprises. The only anticipated water use for this proposal will be a restroom facility located within the garage. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Access to the subdivision is provided by Apricot Drive from County Road 335. The subject property is a corner lot at the entrance of the subdivision with a proposed driveway accessing from Apple Drive. The use will generate traffic as the mobile unit is dispatched to service customers. Regarding deliveries, the Applicant anticipates a maximum of one delivery per week. Tires and other materials will be delivered by suppliers. Additional street improvements are not anticipated. 2 3) Design of the proposed use is organized to minimize impact on and front adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The intent of permitting Home Occupations in the R-MH/G/UD zone district primarily characterized by residential uses is such that the proposed use does not detract from those uses and does not create the appearance or impact of a commercial use. This is clear by the language found in the definition of a Home Occupation (Section 2.02.29 of the Zoning Resolution of 1978, as amended) which states: "Any use for gain or support carried on as an accessory use within a dwelling or building accessory thereto, wherein such use would not create the appearance or impact of a commercial activity." The key language in this definition states "wherein such use would not create the appearance or impact of a commercial activity" and is intended to address the magnitude, function, and impacts of a commercial activity so that it may be carried on in a residential setting. The "appearance of the use" should resemble generally acceptable forms consistent with a residential use which includes accessory buildings for personal storage, personal wood shops, garages for vehicles, etc. The "impacts" of a commercial activity generally refers to hours / days of operation, traffic, employees, lighting and signage, and product sales and storage. Staff finds that the proposed Home Occupation could potentially have the impact and appearance of a commercial activity. In order to reduce the impacts of the proposed CUP Staff has suggested conditions that address this issue. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Conditional Use Permit for a Home Occupation is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with Section Garfield County Zoning Resolution of 1978, as amended. 3 VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE the request for a Conditional Use permit to allow a Home Occupation for a property known as Lot 15, Block 2 of the Mountain Shadow Subdivision located at 0040 Apple Drive, Garfield County with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Business operations may not begin until the applicant establishes the subject property as his primary residence. 3. Appropriate building permits shall be obtained for the garage before business operations begin. 4. Hours of operation for following equipment will be restricted to 9:00 a.m. to 5.p.m., Monday through Friday, and 9:00 am to 12:00 p.m. Saturday. Operation of this machinery on Sundays will not be allowed. 1) Tire balancing machine 2) A machine to remove tires from the rim 3) Compressor and impact wrenches 5. Garage doors shall remain closed at all times. 6. Onsite customer vehicle repair is prohibited. 7. All operations of the home occupation must be conducted within the dwelling or accessory building (proposed garage), including the storage of tires and equipment. 8. No signs advertising the home occupation may be placed anywhere on the subject property. 9. No employees are allowed for the home occupation. Only the property owner and any family members residing at the subject property may be involved in the home occupation. 10. Residential habitation of the garage shall be prohibited. 11. Ingress and egress is restricted to the west side of the subject lot adjacent to Apple Drive. 12. Vehicles displaying commercial advertisement must be stored inside the proposed garage. 4 13. Deliveries shall be limited to once per week, and may only be conducted between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. 14. Walk in service shall be prohibited. 15. Any violations of the terms, interpretations or agreements made or represented to Garfield County by the applicant pertaining to or included in this conditional use permit, shall be considered a breach of the terms of conditions and the applicant shall cease and desist all activities resulting in a revocation of the conditional use permit. 5 Garfield County Commissioners 1 have 2 objections to this use permit, first, I dont believe we need or want a tire shop at the entrance of this single family subdivision Second is based on the past history of this lot after this owner acquired it. Other neighbors have told ane there were from 10 to 20 people living there, this is heresay but I have seen 11 cars parked there Plus there is a camper trailer and a stick built building in the front yard. However, I haven't seen anyone there since Immigration and Trident raided the illegal dopers a couple months ago. signed ; Randal V. Kimball, 0124 Apple Drive Mtn. Shadows January 14, 2007 Garfield County Commissioners Garfield County Colorado 108 80' St Glenwood Springs, CO 81601 Re: Conditional Use Permit for the residential property on the northwest corner of Garfield County Road 335 and Apple Drive, Mountain Shadows Sub -division Dear Garfield County Commissioners, We the undersigned, Bob and Paula Bush, have lived at 0292 Apple Drive in Mountain Shadows Sub -division in Garfield County for 15 years. We ask that you decline the request from Mr. Jose Castillo for a conditional use permit for a home occupation mobile tire repair business at the location mentioned above for the following reasons: 1. This is a residential sub -division not a commercial development. 2. Historically, Mr. Castillo's property has been in disarray. We are concerned that having a business run from the property will result in even more discarded materials, possibly tires, being present. (See attached photos taken 1-14-07) 3. Currently there are 2 businesses, which we know of, that are operating in Mountain Shadows: Mountain Shadows Auto, Inc. at 64 Apple Dr. owned and operated by Richard Medina, and a snowmobile repair business at 0239 Apple Drive believed to be owned and operated by Jim Watson. Mr. Medina's auto repair business is next door to the subject property. It is our understanding that Mr. Medina's conditional use permit is currently in jeopardy, because he hasn't been in compliance due to auto parts in the yard. (See attached photos taken 1-14-07). We are concerned that Mr. Castillo's tire business will be similar in appearance. It is our understanding that the Mr. Watson's snowmobile repair business is operating without a permit. There are currently upwards of I0 snowmobiles in various states of repair next to the street, in the drive way and in the yard. (See attached photos taken 1-14-07) This unsightly situation is another reason why businesses shouldn't be operating in our residential sub -division. Again, we request that you deny Mr. Castillo's request for a conditional use permit for a mobile tire repair business. Sincerely, fcli--,4,,W, Linte_74 i_i V 0 7 Bob Bush Paula Bush nu I aiddd moaj qpou Sopjooi Xpadoad pa.gn. MILD , t tguUt [+hl t 1 �ii�-J `tiw 4lgtIA't45. i:'• L:•i g ,rig. �� p ,tip ink.., D r / J'' ' 1 f r ; ri a cr Q 0 .44 ,fts11,1*.r3c'T•6',',*(",":„'" ,i'4;41,4; ••.1, ' e:4 1614.44% 4:4.; r I •7K-' • 43'4' iSIrt .4. ,r-ii4 rr,i •• , 4 1`,k-, Al! ffh ££ psog Aunop wag ;san► 2upioot'anua aidy bg'o3ny sn+opsgs nis;ano • ££ pcOu 4unop mai $sam 2unlool'a,Uaa 'ail ' lir p9 %Inv smopegs u!e;uno 21.1.4.oitott1 2uppoi anlia aidd ,9 4oln • smormq umun ft. -ft erTtp,-.4,1PIAP r ";;;;tir'',;,...44N44." ''"Vvs'-61 • 1‘.' 441. 4 '14.4 rr<-41 trai ‘1 v;v141,-3 • Ai,' 1 i41,4** , .. ,..) ,, .4 ,...,,.• Ti'. -tl, •C'...,.- .4 -1 ', :*4 ; 9 tf.t,'1'..0. °TA,. ,T • Pr'ri....- ' ''': ,U., ft/4",:','''' - , • . .0;1,.• ':'I . 1/417.4 c....' •••1" i tli , 1 .•";"41 , ..,;14...i - • * P ' I - lt 0 :• ' • i • I: 0.:',144 $:ii;:,;.•:.<Scq.. ; ,.,':',1 -i'; -t•!,•-.. i 2 :1:11-...:, .,. :-. ;:::: 1i i . s . 1. tN- ` • 444-10-4!0;,..00,00440.;1/4 '4g*, 7d,`,J4ieie.e.At. 4 • - - 10.04~FeftfirlPrIgnilleTT. Iffse.mt "TT, 1,4 vt- cAn 9 0 0r A A e. 'L5 4-1 F 0 0 a b A d 2. A January 14, 2007 Garfield County Commissioners, This letter is in response to the special use permit application by Jose Castillo for a tire repair business in Mt. Shadow subdivision in New Castle, CO. If Mr. Castillo is going to run a mobile tire repair business at this location we are not apposed to this with some conditions. We feel he needs to clean up his lot, keep it clean, not have tires laying around or park vehicles in the street, a danger to traffic coming into the subdivision and children walking by and trim his trees so they are not hanging down into the roadway. if Mr. Castillo is going to have a show room and repair type of business we are apposed to that, because this is a residential neighborhood and we do not feel a showroom type of business is appropriate here. Sincerely, George t E. Mosher y Ann Mosher flaz44 0402 Apple Drive Mt. Shadow Subdivision New Castle CO. January 14,2007 To who it may concern It has come to our attention, that a request to allow a Mobile Tire Repair to operate out of a residence, is being considered in Mountain Shadows subdivision in New Castle. We believe this type of business would inherently generate an eyesore, which is already an issue in this community. As owners of a home in Mountain Shadows in New Castle, we oppose the establishment of this type of business in a subdivision zoned for residential. Joe and Shirley Budd 349 Apple Drive New Castle, CO 81647 62(' e( -c4., i lig /0 7 January 14,2007 To who it may concern: It has come to our attention, that a request to allow a Mobile Tire Repair to operate out of a residence is being considered in Mountain Shadows subdivision in New Castle. We believe this type of business would inherently generate an eyesore, which is already an issue in this community. As owners of a home in Mountain Shadows in New Castle, we oppose the establishment of this type of business in a subdivision zoned for residential. Gabe and Stephanie Miller 285 Apple Drive New Castle, CO 81647 1-4-01 Gabe Miller I- is -off 4-- / iPceki i cA Pr 0 YA:(t( 1 f) ( IJ Ja C3,-,± iS Ie DrLtxe1 AiQ(.43 Cf4-(e_, E -_,,a. K \,,, ea___Q --,/, ktcc, lik,GiAA-e__ 1 (Ace__ Ici7/SQ_e+, ---- Iv\cx-sis2._ -pr ti2. Ase___in pi- cw\-) vik-(-) \i_a wk__42__ leZ(C._ 6 .pi- ‘AA -c--1 s lts3 ti1fi WI N 0 0 W .t_ cL. how v�CVP I Lca-k- SL1 C� o (S.- '4Fa) f�0 . l C S 5 73- C2 -a slc.) EN c e__ -cre__c tN._ a P POSQ. a - k 2a_. fZe,cDcA:.i,2 Pu�NE__SS toi )..) N, (D'cP1-)4Q-, SNOWMASS VILLAGE, COLORADO EXHIBIT Anignai 0) 1. .22 • -- c .0 (r) (13 a▪ ) C D- O .= vs (L) • — > E -0 Ca) o u .(E) o •- • (59 tr.) ▪ 121 a) 0 - 0 LI) a) 75 o- c6 - C O MI .7.) .5 if) a) Z • (• 11 (73 .u) 6 c c C1) • c • cu 113 _C D '' U) ra 0 '51 E ru • U a) co o „, o g r) - tf, (1.) o a) :0 4, 0) LT) cc c' • ..:- _c c .3 4-) (1.) aJ Eu .(1) Action petitioned for Date , ' • t'''-• -. • , Ls.* l'. , . " i:N%N:. •••`. .1\ " N \ 41 VI\ k t ‘Z: ' .L," Comment Address °A 14.1 1 11 A M * el 1 ?) 1 •- -. rg 0 i c) - --,_, .•\ -"r," -- /- ••... 0 cA ,3 Signature *it Q-----, V, i N\ \I\ Nil --W rPrinted Name 0 . _ s ki QJ , 0 '. • 0 . , , •Jk cl ---- „ , ta, ® — (r) _7_ ‘c;. . r , ,,i >.1,$) ) N k, , t. ‘•4.‘•4.I-- 4c, r \--:.,,- A ___-_,.._. :!-- _ , ;- to ,.... N Lf) ,;. -„_ c.) , J. ,..,ct t_... - r T., ,., c-_, _, __,,...., . -....__ r- ....... Comment Address -e- J\\ LD k 4. 4 4%, k (n 4' 'N4 c'^C4- so �-- per, c- 0, -,‹ Jl ..� k \r) Signature I __-)..."-- -,--7-1 s 7,4-- ,;1 � . k ` ,, . „. - \1 4\ 4! V vi t0 * ,�„ 1 \* \ ‘' mq& , : . �\\ °' t --Q' irAt1/4---:-,:\ ‘A't . . • . . . I C. 3 g ,3 , (�(/�\ ��✓ L \i w\\�\ _ Y 111 ''. AN. 4 N., 1/41 Q _ _ J\\ \ ___. 4 � ,�\ Printed Name 111 VVV \, ` Date :1 t. , \ 1 r. `'J r r. a r- h., h 141 ` �i Comment 4 t \' Address o 1 1 c7_, Signature 4 1 1'-'H*►) it ‘ i gliji ' \ % >4 I i Printed Name ___,? .„, i , 7-6. ...,. ,, \1%, \, ,--- , V • .- j 0 1 4., ‘I-1 ( .:i >c 11J Z15 0 1) (1) E E 0 0 D ..0 tn a) z 0 a) 0. 0 3-4 0. 0 (ts Lfl sz3 c c0 0 4(1i 0)0) c0 4-, -0 c 0 0 4-, 0 (J) (.9 .0 (13 a) a) -0 c n3 Eo c c 2 0 CD 47+ :17, (1) Action petitioned for 1\ 4 -....,... Comment 0 0 ..) Q ci :3 -'--3 c.41 0 rn --- 43' , P cp c -c- Address k) 2 ,... ..,,(Th, oic-ks NI ....s1, , Cv - f, fc, - .. n 0--- Signature ----- % 111 4%, it' -.'...4 1 ...e. ,0 ..... •N ' ' '4 Printed Name .1.1 -4. o - - , - 1 a . --i '-' ..--1–' ) _ Iwo • --r— ..> .....,- --1. Si '4I0 S , rs.1 --- . '-- (7-...) .--- g ,4_ r" Lei --1, •Z 5, -- N -\,_ ...,/ 11 U1 C ----, --,), ''' 1 .....,i 4 _ .. c,5 ,e A -2 & t'• i u r.77 Deco( coer, `rn,S'\acf)-e.,r „yo,,-cx ()\-T (A*1(nd'Irtj -\\N, \).e,\(.1 \, c.\,n YV n Cc'(\utY n\0 rv� t\(\ aosiL, 00\6, ‹,(_(_.\(\k),,rd oAD0A,0( \1\13'N\ L-e-,\(Vfx C'S\r\\()CY 3(\\cZACt C°() A&Q- o WQ-°(\k- \D'COLO ay-eNCA(X)S- . -,6e CO,wrx. i\0�tk, \\TA Y,fie \T& \•v ej>c.pY`e-- S ((›nv�A\ enU. 0\:\{\6 '>'\1\-Cijk exteli‘cu-c \IAA,1 -Am; ( . b \- ;N` (:Orr 0 0\c)‘(__ k -c \ \f\oc) \--‘QY \(,Y \ \SkootrwC Vie. \f\r‘, C \ AAA \(\(\cokt- \\\; NA, -V-0-r„ \y6 ems- C A k , --a)SL 0,,4X ���_-`0L-\,- Gy�� ( C\10 A SN 5t \5 �� ��v. EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ❑ My application required written/mailed notice to adjacent property owners and mineral owners. C J +- — Mailed notice was completed on the day of D 2015. �r All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. V All owners of mineral interest in the subject property were identified thro gh records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the <S n day of 7 , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. �/ Notice was posted on the day of , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Co S f'/ Name: Signature: Date: %7 Ad Name: 11392845A Customer: GSPI House- no employment Your account number is: 1009112 PROOF OF PUBLICATION THE RIFLE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue ofevery number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/30/2015 and that the last publication of said notice was dated 7/30/2015 the issue of said newspaper. In witness whereof. I have here unto ny hand this 07/31/2015. Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 07/31/2015.C2n7421A- (� My Commission Expires 11/0112015 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE that the Jose Castillo has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request approval of amendments to a Conditional Use Perrnit for a Horne Occupation on a property situated in the County of Garfield. State of Colorado; to -wit: LegalOe ripllgn: Section: 3 Township: 6 Range: 91; Subdivision: MOUNTAIN SHADOWS SUBDIVISION Block: 2 Lot. 15. County of Garfield. State of Colorado Garfield County Assessor Parcel Number: 2181-032-01-003 Practical Description; 44 Apple Dove, New Cas- tle CO 81647 Project Description' This is a request for an amendment to a Conditional Use Permit (CUP) for a Horne Occupation (Mobile Tire Repair Service). The Applicant and property owner proposes to modify conditions of approval for the CUP memori- alized in Resolution 2007-05. The Applicant is re- questing that the Permit be amended to allow: walk-in customers, vehicle repair onsite, signage. customer vehicles onsite, tee storage, open ga- rage doors and extended hours of operation. The Property rs zoned Residential:Mobile Horne Park All persons affected by the proposed plan are invit- ed to appear and state their views, protest or sup- port. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The applica- tion may be reviewed online (http: www.garfieid- eountv,com,community-development planning - project -information asox) or at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building. Glenwood Springs. Colorado between the hours of 8:30 a.m. and 5.00 p.m., Monday through Friday. A public hearing on the application has been scheduled for Monday, September 21, 2015 at 1:00 P.M. in the in the County Commissioners Meeting Room, Garfield County Administration Building. 108 8th Street. Glenwood Springs. Colo- rado Planning Department Garfield County Published in the Citizen Telegram July 30. 2015. 1113928451 EXHIBIT 1 , c0/0 rR m 1=0m U.S. Posta ervice CERTIFIED MAIL® RECEIPT Domestic Mail Only rri D D f=1 u) rR D N r- ru ru Ln r1 aD D D D- For delivery information, visit our website at www4sps.core. NEW CASTLE? CO 1647r8 Certified Mail Fee Extra Services & Fees (check box, add fee tib„,B,ga $ te) 0 Retum Receipt (hardcopy) $ 0 Retum Receipt (electronic) $ $0.00 El Certified Mall Restricted Delivery $ SO. 00 O Adult Signature Requited $ so . 00 o Adult Signature Restricted Delivery $ $3.45 Postage $0.49 Total Postage and Fees $6.74 s Ci Jia07i_.- nt To n, 4 • t iilKitox ..... • 0 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reiverse for Instructions U.S. Postal ServiceT" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www,usps.core. r 0577 06 Ei 11 Certified Mail Fee $3.$ 45 Extra Services & Fees (check box, add feesaaoft(tlah3) 0 Return Receipt (hardcopy) $ 0 Retum Receipt (electronic) $ $0.00 0 Certified Mail Restricted Delivery $ *0 . 00 Adult Signature Required $ *0.00 El Adult Signature Restricted Delivery $ S9.80 P ostage Totale Postage and es F$6 .74 $ $0.49 Postmark Here 07/31/2015 0 15.:1P) "oi756 16 1/) V • PS Form 3800, April 2015 PSN 7530,02-000-9047 See Reverse for Instructions U.S. Postal Service' CERTIFIED MAIL® RECE • For delivery information, visit our website at w .ithfislallorn . • NEVI -CASTtE, CO 81647 Certified &Tail Fee $3-.45 Extra Services & Fees (cheek box, add fee 04to , . Return Receipt (bardcopy) $ o Return Receipt (electronic) $ $0.00 Postmai' el Certified Mail Restricted Delivery $ $0.00 Here ['Adult Signature Required $ *IMO DAdult Signature Restricted Delivery $ 0577 06 Postage $ Total Postage andFees $6.74 $ To ,rYle 6 S treat andApt. No., or PL, Di No. C State, 2111=' 'CV - PS Form 3800, April 2015 PSN 753(1-62-000-9047 See eversifor instructions *0.49 (i7/31/2015 rri ru D rq D D Lfl rR m ru LI" D rR 7015 0640 0006 r -a rn m r - D D 0 D rq D r- NE14:st071.pliC g1)547 Certified Mail Fee $3.45 EXHIBIT Extra Services & Fees (check box, add feetiMate) 0 Return Receipt enardcopy) $ 0 Retum Receipt (electronic) $ * O Certified Mail Restricted Delivery $ $ 00 2:00 O Adult Signature Required $ $0 00 0Adult Signature Restricted Delivery $ . Postage $ $0.49 Total Postage and Fees *6.74 / 06 Postmark Here 07/31/2015 o5 „, DIP702/ 5 ' T I S Street and t. Cr box 0 0 7 Lhr Cosi4 CI State, V • • • PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instruction U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only RIFLE, CO 81650 c,,,,,,,,J ;\ 1 ,d I,. $3.45 $ 0577 06 Extra Services & Fees (check box, add 2eelkaff2efe) 0 Return Receipt (hardcopy) $ 0 Retum Receipt (electronic) $ $0400 POStmar!,. Ita Certified Mail Restricted Delivery $ $01100 Here 0 Adult Signature Required $ $0e00 0 Adult Signature Restricted Detruery $ Postage $0.49 07/31/2015 Total Postage and Fees $ $6.74 t To !z1,to I 11_4\ 1'16 utry)lo i 0 treet andApt. NO:` or Pr Box trlo. I 0ve- ci; .t.it.,-2iti- 1 1 r, o- 461 [6 file, 7 .. p.juk,..--). p L& PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instruction --_.... U.S. Postal Service" - CERTIFIED MAIL® RECEIPT ', Domestic Mail Only For delivery information. visit our website at www. us ps. com-". ..., . , - ' Certified Mad Fe: -.)$345 $ 12.0 .._ 0577 06 Extra Services & ees (chock box, add fee 0 Return Receipt (hardcopy) $____,V 0 Retum Receipt (electronic) $ tri .00 - POstaari, 0 Certified Mail Restricted Delivery $ $0.00 11 0 Aduft Signature Required $ $0.00 0 Adult Signature Restricted Delivery $ Postage $0.49 $ 07/31/2015 Total Postage and Fir 74 $ To ...1 EL_ N i tot K - C. ., or P413ox 40. 1 6 ket bly, 3*ta r, - • Nn•s T, 3 7 33 O F.r '1 11 P 217 3- - 47 f r I r ' nJ ru Lfl D rq .0 D D .11 1:3 zr L n ✓ l r- r- l_n D cr rR D D D D D Ln D TRAER1 IA 50675 bertified Mail Fee $3.45 -111,MMIPM.11,W. ,ffoTal!ft.1•77h, $2.80 Extra Services & Fees (check box, add fee ap:tete) 0 Return Receipt (hardcopy) $ o Return Receipt (electronic) $ $0.00 Certified Mail Restricted Delivery $ $0 00 ['Adult Signature Required $ $0.00 Adult Signature Restricted Delivery $ Postage $0.49 Total Postage and Is $6.74 0577 06 Postmark Here 07/31/2015 Sent To 1) -Str t an Apt C_ t o., or P0 Box No. State, ZIP+4 (22( 4 PS Form 3800, April 2015 PSN 7530-02-000-9047 5O6-) 5 See Reverse for Instructions U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visitouyyvebsite at www"usps.como. NEW CASTLE: CO 81647 Certified Mail Fee $ $3.45 ti. Extra Services & Fees (c.heck box, add fee lfiu1.1 0 Return Receipt (hardcopy) $ e 0 Return Receipt (electronic) $ $0.00 di Certified Mail Restricted Delivery $ 110 . 00 0 Adult Signature Required 0 Adult Signature R-triet,,.11.: -lively : $0 00 . Postage $ $0.49 Total Postage $ $6.74 0577 06 Postmark Here 07/31/2015 y.6 iusseiiJ4n.iic, Street and o., or PO Box ovry Lte C0 NEW CASTLE, CO 81647 Certified Mali Fee Extra Services & Fees (check box, add fee ate) El Return Receipt (handcopy) $ 0 El Return Receipt (electronic) $ $0.00 o Certified Mail Rmtricted Delivery $ SO 00 o Adult Signature Required $ $0.00 0 Adult Signature Restricted Delivery $ Postage $ $0.49 Total Postage and Fees $6.74 SeptTo IC0.1 egt and ,:Sta to._ C t, No., or PO Bo C S C 0577 06 Postmark Here 07/31/2015 rse for Instruction,s,,, in Er r..9 .Certified Mail Fee $3.45 0 Extra.Return Receipt (electronic) Services & Fees (chock box, ad _ Li d fee ate) 0 RetumReceipt (hardcopY) $ 0- D al Certified Mail Restricted Delivery $ $0.00 0 Adult Signature Required $ $0.00 CD CI $ $0•00 0 Adult Signature Restricted Delivery $ •os a ervice CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.corn'. NEW CASTLE# CO 41647 D fl Postage $0.49 Total Postage and Fees $ $6.74 0577 06 Postmark Here 07/31/2015 1-11 SAntT0 r9 Lej5e-r1A11). Pa/5e D Street an-AP1 ficaTiiii5p - No. , N-'? x^ ,,, • \1- 0 . C C- PS Yr Stat , ,i ...t ,C.01 PS Form 3800, April 2015 PSN 7530.02-000•9047 See Reve se fo ns uctio Lfl a - D ra D D 7015 0640 9109 5241 D 7015 0640 11(d -rye &.m. _ F9r,Cteliyerytnform3tiori, visit our website at wvvw.usps.com', NEW CASTLE, CO 81647 Certified Mail Fee $3.45 $ Extra Services & Fees (check box, add fee*Eate) 0 Return Receipt (hardcopy) $ • CI Retum Receipt (electronic) $ $0.00 0 Certified Mail Restricted Delivery $ $0a00 El Adult Signature Required $ $0.00 El Adult Signature Restricted Delivery $ Postage $0.49 Total Postage and Fees $ $6.74 t To a Fa a_eS 'trigncio VaV c -..,treet and ',pt. No., or Pb BNo 0577 06 Postmaer. Here 07/31/2015 42-1t Co tr? PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instruction U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery_information, visit our website at www.usps.conr. NEW CASTLE: CO 81647 Certified Mail Fee Extra Services & Fees (check box add fee tiSgate) o Return Receipt (hardcopy) $ o Retum Receipt (electronic) $ $0.00 0 Certified Mail Restricted Delivery $ *0 00 o Adult Signature Required $ $0.00 0 Adult Signature Restricted Delivery $ Postage $9.49 Total Postage and Fees $6.74 $ 71.°4 641. Cil4.T e or Pb treet and Apt. I . State, 0577 06 Postmark Here 07/31/2015 r No 1 Aj tr( 1(G a_ + 0 16 PS Form 3800, April 2015 PSN 7530-02-000-0047 See Reverse for Instruction Ln m rIr- D D D D JJ r -R D .S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at wwiCulsps.com'). PEOOJ Kp16472T. J-. Certified Mail Fee $2 80 Extra Services & Fees (check box, add feerepcitrato CI Return Receipt (hatdcopy) 0 Return Receipt (electronic) $ SO.00 Certified Mail Restricted Delivery $ DI Adult Signature Required $ $0.00 0 Adutt Signature Restricted Delivery $ Postage $0.49 Total Postage and Fs $6.74 0577 06 Postmark Here 07/31/2015 Sept To . , ... r r_l 'ie r...12..)1_5c'd Stioblandlig .,iii15C;Witici / i _a .. &ato,21 +.16 ' lO r--- A- V VII 6 Ps Form 3800, April 2015 PSN 7530 02 000 9047 See Reverse for Instructions .L1 -C ru D m Ln 0 D 0 t -g D D D D D I-31 rR 1=1 g. . -os a ervtce CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com". NEW tASTLE, 'CO 81647 Certified Mail Fe° Extra Services & Fees (chock box, add fee itate) ID Return Receipt (hardcopy) $ Return Receipt (electronic) $ $0..00 0 Certified Mail Restricted Delivery $ $0,00 0 Adult Signature RequIred $ $0.00 Adult Signature Restricted Delivery $ Postage $ $0.49 Total Postage and Fees $ $6.74 0577 U6 Postmark Here 07/31/2015 epi5710 n ent To Street -it'd -Wt. -rib: .or F1b ox No. 0.11.1 state, /- . I J6 PS Form 3800, April 2015 PSN 7530-02,000-3047 See Reverse for Instructions rc SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Articlee Addressed to: / 1 Z i6 O) 617� I/2) t sr2,s ) l,1/4! �-- I) S COUn1/ P01.3354/ C6 ; ;/ {Q. C� - 81'1_17 COMPLETE THIS SECTION ON DELIVERY Agent ❑ Addressee =ceived by (Printed Name) C. Date of Delivery 0,6 ,Tct,` bad D Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 111111111111111111 11111 III 11 11 1111 1111111 1 III 3 AdultServiSignature ce Type 0 Adult Signature Restricted Delivery Certified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery 2. Article Number (Transfer from service label) 0 Collect on Delivery Restricted Delivery Mail 7 015 0640 0006 9109 5241 vol I Restricted Delivery 9590 9403 0281 5155 7496 13 PS Form 3811, April 2015 PSN 7530-02-000-9053 'SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A 'S r Cy�It�r`'i2L a. --)6s s WI w) V41-‘ 10 n. E (-1.-c 1 1.0 e5 H 1\) 111111111 111111111 11111111111 11 11111111 III 9590 9403 0281 5155 7498 59 2. Articl 70 PS Form i3ts I I , A^^' r-; �n.11,uc-uuu-awv 0 Priority Mail Express® 0 Registered MaiITM 0 Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature ConfirmationTM 0 Signature Confirmation Restricted Delivery Domestic Return Receipt OMPLETE THIS SEC 7C^.' CiN DELA, ,:::!`" A. Signature(' 1711.1Y—F N(Yv/1II trAddregsf C. Date of Delive D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery ,;Certified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r I ) 0Lf• i©I ! 1"0 d A v Q- 11111IIII1111IIIIIIIIIIIIIIII1110111111111111 9590 9403 0281 5155 7496 20 0 Priority Mail Express® 0 Registered MaiITM 0 Registered Mail Restric Delivery 0 Return Receipt for Merchandise n Sinnature Confirmation e Confirmation id Delivery etum Receil COMPLETE THIS SECTION ON DELIVERY 1131 A. Sig X Agent Addresse B. R' ed by (Pn ed Name 5 Dayvei D. Is delivery address different from item 1 ' ❑I Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery 0 Certified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery 2. Article Number (Transfer from service label) 0 Collect on Delivery Restricted Delivery 7 015 0640 0006 9109 5234 Mail Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 0 Priority Mail Express® ❑ Registered MaiITM 0 Registered Mail Restrict Delivery 0 Retum Receipt for Merchandise 0 Signature Confirmation•' 0 Signature Confirmation Restricted Delivery Domestic Retum Receipt SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY ❑ Agent Address( C. Date of Delive . r eceived by -ri ted ame) �� D. Is delivery ad • ess different from item 1? 0 Yes If YES, enter delivery address below: 0 No 1. Article Addressed to: Fr S bee 7arNos C� POSA7 ?\, 19 C W:Ciy COL) NOL,) Co17 G.- 69 ') 111111111 111111111 1 1111111111 11 I1IIIII11111111 9590 9403 0281 5155 7490 88 2. Article Number (Transfer from service label) 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature 0 Registered Mair' ❑ Adult Signature Restricted Delivery 0 Registered Mail Restric ❑ Certified Mail® Delivery ❑ Certified Mail Restricted Delivery 0 Retum Receipt for 0 Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 0 Signature Confirmatior ❑ Insured Mail 0 Signature Confirmatior ❑ Insured Mail Restricted Delivery Restricted Delivery (over $500) PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION Is Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the_front if space permits. 1. Art_icle Addressed to: FT t s b :crines psss. porky 0©,4Cu' c er t � tr? Co 3 nc. COC '25-1_ 11111111 1111111 1111111111111 111111 111111E 9590 9403 0281 5155 7496 44 Domestic Return Recei) COMPLETE THIS SECTION ON DELIVERY A. Sig ure l3 Received by 2. Article Number (transfer from service label) 7015 0640 0006 9109 5203 PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: (r;if'T`TInc, K C 617310C-' 11C00 3 C3`7330 l 1111111 1E11111 1111111 t 1111111111111 9590 9403 0281 5155 7496 06 2. Article Number (Transfer from service label) 7015 0640 0004 5173 1341 PS Form 3811, April 2015 PSN 7530-02-000-9053 ❑ Agent ❑ Addressee nted Name) C. Date of Delivery D. Is delivery dress different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted De ❑ Certified Mail® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery t Mail I Mail Restricted Delivery 500) ail Express® ered MailT"' stered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationT"' ❑ Signature Confirmation Restricted Deiivery Domestic Return Receipt ; COMPLETE THIS SECTION ON DELIVERY ❑ Agent X �y ddressee B. Received by (Printe•' ame) ate of Delivery -113 0 Yes D. Is If YES, delivery7 enter delivery address below:0 No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ' Mail Mail Restricted Delivery 00) C. f► ❑ Priority Mail Express® 0 Registered MailT"' ❑ Registered Mail Restricted Delivery ❑ Retum Receipt for Merchandise 0 Signature Confirrnationm' ❑ Signature Confirmation Restricted Delivery Domestic Return Rece' SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY A. Signature X ❑ Agent ❑ Address( B. Received by (Printed Name) 1. Article Addressed to: 'p 'do SC tart he b (39 'a os)Ic p ' 1/7 1111111111111111111111111111111 111111 111111111 9590 9403 0281 5155 7496 68 C. Date of Deliver D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery 2. Article Number (transfer from service label) Mail 7 015 0640 0006 9109 5302 -,4Mail Restricted Delivery 0 ❑ Priority Mail Express® ❑ Registered Maiin' ❑ Registered Mail Restric Delivery ❑ Return Receipt for Merchandise O Signature Confirmation ❑ Signature Confirmation Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Domestic Return R.c COMPLETE THIS SECTION ON DELIVERY A. Signa ure A J �I B. eceived by n ed Name) 1. Article Addressed to: giCC+1 0 ` P*� Gil l�Y�y\� Ne C CI s l � (_.c" - CSA, 7 1111111111111 11111111111 1111111 111111111111 I11 9590 9403 0281 5155 7496 51 ❑ Agent " iAddressf C. Date of Delive D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2 ?rnncf r frnm oen.iro hh�ll 7015 0640 0006 9109 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery to Certified Mail® ❑ Certified Mail Restricted Delivery 0 Collect on Delivery ❑ Collect on Delivery Restricted Delivery 5197 Restricted Delivery 1 ❑ Priority Mall Express® ❑ Registered Mar" ❑ Registered Mail Restric Delivery ❑ Retum Receipt for Merchandise ❑ Signature Confirmatlor ❑ Signature Confirmatior Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: hoc, zta 5a me s (;s 4f:1 \€_ p 8j6 c/ Domestic Return Receii B. Received by e) ❑ Agent ❑ Addresse C. Date of Deliver 111/111/1 (11111111111111111111 1111 11111111111 9590 9403 0281 5155 7496 37 2. Article Number (transfer from service label} 7015 0640 0006 9109 5227 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery 0 Collect on Delivery Restricted Delivery i Mail i Mail Restricted Delivery 5001 ❑ Priority Mail Express® ❑ Registered Mail'"' ❑ Registered Mail Restrict Delivery ❑ Retum Receipt for Merchandise 0 Signature Confirmation' ❑ Signature Confirmation Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receip ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. wArticiAAddressed //t✓ Q�J j Iu ffn sPa C?i Ca ul ,, IVs ff� Cosi te CQ 1(fa IIIIIIIII111111111MIME 11 11111111111 1111 9590 9403 0281 5155 7496 99 2. Article Number (Transfer from service label) 7015 0640 0006 9109 5272 PS Form 3811, April 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. S x B.-fteceiyed by (Printed Name) 0 Agent ❑ Addresse C. Date of Deliver ;_11.5 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type O Adult Signature O Adult Signature Restricted Delivery O Certified Mail® O Certified Mail Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery Mail Mail Restricted Delivery _ . 00) O Priority Mail Express® O Registered Mail.'" O Registered Mail Restricts Delivery O Return Receipt for Merchandise ❑ Signature Confirmationm O Signature Confirmation Restricted Delivery ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 61.°X ;r,04hr i'd7of:t $16ti7—£66._° 1111111111111 111111111 11 11 11111 11111 11 111 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY e C F) ) 0 Agent �'r I �l ❑Addresse B. Received by (Printed Name) j C. Date of Deliver 9590 9403 0281 5155 7495 90 2. Article Number (Transfer from service label! 7015 0640 0004 5173 1358 PS Form 3811, April 2015 PSN 7530-02-000-9053 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type O Adult Signature O Adult Signature Restricted Delivery El Certified Mail® 0 Certified Mail Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery >d Mail d Mail Restricted Delivery `• $500) O Priority Mail Express® O Registered MaIITM O Registered Mail Restrict( Delivery O Return Receipt for Merchandise ❑ Signature ConfirmationT" 0 Signature Confirmation Restricted Delivery Domestic Return Receipt 141,53exiligir-r tathicaiwilet euec 1•1.0••••••••11110R.100.01,11.,........ se Sit proidgetti 4PutAlc IONA. bet_ a m - Aix Stp*"1.01- E :fia -eeet th°04 itilf*CatiOn ,:4111101,00 1 EXHIBIT John Martin RE: Mountain Shadows Tire Shop Expansion of Special Use Permit 9/17/2015 Good things are happening in Mountain Shadows finally!!! It's an older community but homeowners are tearing down old trailers and building new homes while many others are remodeling. In July of this year my family broke ground on an 1800 sq. ft. home with a two car garage on Pear Court in Mountain Shadows. It should appraise for just under 300K when it's complete in October. After a more than stagnant real estate economy, it's fair for us to be concerned about the curb appeal of our subdivision to future homebuyers and the impact a commercial business could have on property values. Because the proposed permit is automotive in nature, we have numerous concerns about it being inside a residential community. From an increase in traffic, proper storage of tires and the number of vehicles parked before, during and after services, it's an awful lot of activity taking place on a very small piece of property. The biggest concern is the location of the tire shop. It sits at the entrance (and exit) of the subdivision. It also sits at the entrance to the new bike. Mountain Shadow residents and their children who walk, ride their bikes and walk their dogs, must pass the tire shop to access the new bike path or Apple Tree Park. The tire shop is also on the same street as the school bus stop and the community mailbox is located on the property of the tire shop as well, creating its own traffic problems. I understand that the current permit is also in question because they conduct tire services on the property when they are only permitted as a mobile tire service. I've had my tires serviced there as well, not knowing they weren't permitted to do so. I took a few photos back in July that might help you understand the challenges we are already facing when it comes to safety. In closing, this is in no way personal. We appreciate how hard the families work because we see it every day when we drive past their house. However, we believe it's time for this growing business to find commercial space if they want to expand or at least abide by the current permit they've already been issued. Regards, Dallas E Cotto Teresa B Cottonn 24 Pear Court Mountain Shadows Photos Truck and trailer parked on the side of the street at the entrance/exit of the subdivision. Entrance to the subdivision and bike bath is less than 25 yards from the front of this truck. Vehicles maneuvering in, out and around the tire shop. Please note mailbox located in front of the tire shop Just 2 of many homeowners investing to improve our neighborhood