HomeMy WebLinkAboutRIDGEVIEW CLASSICAL SCHOOL PHASE IV ADDITION - SPAR - 16-01A - REPORTS - CORRESPONDENCE-HEARINGthe school, it must be noted that agreement is in the nature of a restrictive covenant running with the
land. It provides, in pertinent part, that during weekdays the school is limited to twenty (20) parking
spaces on the school property and further that the structure on the premises may not be expanded
into the parking area. The charter school has already violated the agreement by construction of the
school building. They now seek to further violate it by expanding the school. Their staff and student
drivers currently utilize more than twenty (20) parking spaces during weekdays. Their building does
encroach upon parking areas and most certainly their expansion will further encroach on parking at
the school. In short, every property owner in Stuart Professional Park has a legal right under the
agreement to enjoin any further expansion of the school buildings. Indeed, we can enjoin the school
for their current ongoing violations of the parking agreement.
I'm communicating with the Planning Commission and by copies of this letter with the
School District and City Council, to ask that this ill-advised and essentially illegal expansion under
zoning and various covenants in the area be terminated immediately. If the school must expand, they
need to do so in an area that is conducive to the traffic congestion, safety and environmental
concerns that they obviously are ignoring at the present site.
Please consider this my objection to the further expansion of the school and notice to all
appropriate officials that such expansion further violates the rights of all property owners in the
Stuart Professional Park.
If anyone has questions or comments, do not hesitate to contact me. I would be more than
happy to further explain my position that this school expansion is unacceptable, which view reflects
the position of virtually every neighbor and association within the immediate area of the school.
JPD:jra
cc: John F. Fischbach, City Manager
Ray Martinez, Mayor
Bill Bertschy, Mayor Pro Tern
Eric Hamrick
Kurt Kastein
Marty Tharp
David Roy
Karen Weitkunat
V�eq truly yours,
John P. DiFaI o
Ross Cunniff, President
Jana Ley, Vice President
John Fooks, Director
M. L. Johnson, Director
Garth Rogers, Director
Bill Wawro, Director
Anne Yeldell, Director
Deborah J. Hackney, Secretary
Jim Sarchet, Treasurer Justin Morrison
Gary Bamford, Interim Superintendent of Schools
Xo4n V. DiNalcn & Associates, P.T.
ATTORNEYS AND COUNSELORS AT LAW
JOHN P. DiFALCO
April 15, 2004
Bob Barkeen
City Planner
City of Fort Collins -Current Planning
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522-580
City Planning Commission:
I am writing as an owner of the office condominium located at 1136 E. Stuart St. Suite 4102,
Fort Collins, CO 80525, to oppose the plans of the Ridgeview Classical Charter School to expand
their present facility. The expansion will create significant traffic problems, congestion,
environmental concerns, danger.to children and adults in the area and constitute a further violation
of an existing land use agreement between the Stuart Professional Park and the current property
owner, the Charter School
. The area of East Stuart Street where it intersects with Lemay Avenue was originally
contemplated as a location where an office park would be on one side of Stuart and a church would
be on the other side of Stuart. An agreement was reached between the parties in order to obtain City
Council approval of the respective construction projects, that there would be a shared parking
arrangement in which Stuart Professional Park would utilize the spaces at the church location during
weekdays and the church would utilize the Stuart Professional Park parking spaces on the weekend.
Thus, the traffic congestion was originally contemplated to be shared by the two parties with the
office park utilizing business days parking and the church utilizing weekends for parking to
minimize overall congestion on Stuart Street. When the Ridgeview Classical Charter School was
constructed the owners of Stuart Professional Park had considerable apprehensions about the change
in the neighborhood, but unfortunately we did not at that time pursue our legal rights under the
agreement nor our rights as citizens with property near the school to interpose our objections.
However, the intent of the Charter School to expand, further violating the agreement between the
two entities and contributing to an already serious traffic and environmental disaster has galvanized
myself and many of the neighbors in the community to try to forestall this ill-advised and seemingly
illegal expansion of school that already simply does not belong at that site.
In terms of the agreement governing the relationship of the two entities, originally negotiated
between the Stuart Professional Park and the church that was on the site prior to the construction of
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