Colorado Landscaping Business May Be Evicted From Neighborhood

Turf Master Industries’ landscaping and snow-removal businesses are not allowed on Chaparral Road and will be evicted, if necessary, next month.

El Paso County Attorney Bill Louis says he will seek a contempt of court charge against Turf Master owners Dana and Sheryl Glasgow in June if they fail to move the businesses off their property.

Eviction would end a nine-year battle between the Glasgows and other residents in a rustic neighborhood of 5-acre ranchettes on unincorporated land.

“It is no longer appropriate for my office to delay more aggressive enforcement measures,” Louis said.

The decision came after neighbors of the Glasgows lined up to complain during a recent El Paso County Commission work session to revise zoning codes.

The complaints started in 1997 when the Glasgows were considering buying their ranchette on Chaparral.

They requested a variance to the land’s agricultural zoning to allow them to operate their commercial landscaping and snow-removal businesses from their home. They have 20 employees and assorted trucks, trailers, mowers, snow blades and other equipment.

The request was withdrawn after neighbors circulated a petition opposing the variance. But the Glasgows bought the property anyway and in 2000 moved their businesses to Chaparral in violation of the zoning.

They lost an appeal to the County Commission, and in 2001 the county sued the Glasgows to enforce the zoning.

The Glasgows lost and took the case to the Colorado Court of Appeals, which, last September, rejected their argument that the landscaping and snow-removal businesses were secondary to a wholesale nursery they also operate on Chaparral.

The county attorney’s office, however, didn’t immediately enforce the court order. Instead, it agreed to give the Glasgows a chance to persuade the County Commission to revise zoning definitions to allow their businesses to stay.

The arguments were made Thursday and, when it was over, Louis announced his intention to start eviction proceedings in June.

“I didn’t hear any objections from the board members present,” Louis said.

In fact, Commissioner Douglas Bruce said the county is overdue in ending the conflict.

“As a rule, I generally do not believe in zoning,” Bruce said. “And I don’t think neighbors should be able to interfere with each other on aesthetics issues.

“But we’re talking about a busi- ness operating in a neighborhood. One neighbor counted 95 vehicles entering and leaving that property one day. We’re talking noise, drainage, pesticides, smells. These things are directly impacting neighbors.

“The Glasgows just need to rent a place to store their equipment, which they knew before they ever bought there,” Bruce said.

The Glasgows did not return calls seeking comment. But their attorney, Murray Weiner, expressed dismay at the June deadline and suggested Louis was acting prematurely, given an agreement he reached last fall with county planners to delay action until new zoning codes are completed.

“Mr. Louis did not accurately set forth the terms of the deal,” Weiner said, suggesting an eviction effort in June could be greeted with another court fight.

But he said the Glasgows did not intend to violate any court order or risk being found in contempt of court, which can be punished by fines and jail time.

“My client is complying with the law and will comply with the law,” Weiner said.