Home Depot Notice Letter Cr-09-00628

CR-09-00628 Restrictions on Delivery, Off-Loading, and Fork Lift Activity

Code Compliance\GeneralO9\Home Depot notice letter CR-09-00628.doc

t-’ Kirk OglesY Code Compliance Manager

Sincerely,

Please contact me at 303.438.6303 if you have any questions regarding these restrictions. Thank you for your cooperation.

We would appreciate any actions by Home Depot to assure that these restrictions are met. Please be advised that future activity in violation of the restrictions of note 5 may result in the issuance of a summons to municipal court.

Although Home Depot has considered proposing the off-loading and staging of materials on the south side of the Garden Center as a solution to the on-going noise issues, the City and County has taken no action to authorize this as a modification to the Site Development Plan. The activity that took place outside of the structure is subject to the hourly restrictions of note 5 of the site development plan. This activity is not permitted to take place after 6:00 PM or before 7:00 AM. Activity within the structure, consisting of activity within the building, the garden center, or the canopy at the east entry, is not subject to the hourly restrictions of note 5.

I am writing regarding an incident that took place on Friday, April 3, 2009. At approximately 7:15 PM. On this date, a truck delivering goods for the Home Depot garden center was off-loaded using a fork lift in front on the south side of the garden center. This activity is not permitted under the conditions contained on the Home Depot Site Development Plan approved by City Council on September 28, 1999.

Dear Mr. Strain:

Re:

Ed Strain, Manager The Home Depot 12169 Sheridan Blvd. Broomfield, CO 80020

April 9, 2009