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HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - CORRESPONDENCE - PUBLIC NOTICE (4)g;lG�� -c {Mr q3'• ..L,�..,.qr;, .#i- - �."�,i..: - 3aS,�.,-� _•,�.,a. �� V •ice .. ����"til �T'" �'.w rr "— � i � jG t ?R oPO56o S1,4-Z --to F'eopostp O i s c cu a-1- �T i2E- L-L'-) c7zt t>A �z \1 Ir,,A o 5 Gi,� (��tano E�%vicr..oncr,�n�aL -�o5s i L CfLiE l( _ 2Y\-A ra'\G� A� SffN 4- p, if` E 'PQopo5E p " SItc %5 4Q 2t mou* ID ��j'eow+ '}'he Ac}ual. (�Rekins �bY� O_ rat -jititS 2gea v� V LL 1 c�Ze-a In Co i' _ xba G tE..,'' i' �•" i� �' e'�et.� Y•i�y�i�f��y k't.�, �t .�� t •'Y 'f a1 7 r � r \�7- E` A, kill '�+ E P,i'D�� S y r _z !4 U (AU I n57 1 LU a D �322'2-E L z+- ©� LA--p - t� COun 7wIc-E- beep -Ls o� �(��►n� dun a�q 2n Dr�beis in C ►67. Z p � n� (gyp -� Q o S.S) rJ �-2_ r, 4L t.v 8,-t'a- lL t� VC(If) 2no Onjack wceass�_J— Yi�YINRtEf1 I rl 6010rrtt� L 'C I W1i��IU -%� W�U �' �elulrl` t11 21110 D .� . 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Z'•3-C) iIs A. m _oQ4S 1 �ov, may �L q2���'I AS Jkz� E b l�. E �QaE CAmt2om G \d6s Om loll 1c) c2 u5 E S v n J A P R-Ep A R9 O�sceu,.t ��Es Z �EE _ _ s tern b. �.�kz 2 1,t SPEZ� ]b,2`.- hE._ ._�-)Py\D_.._.2nZ �%1�C12�Ek II(LD Tnc 1� 75Evld�p- 1� �Aows 1 ewe 1 '� s .._MR!._._G`bS5 Fog. V115__pzR¢n%y laeuE +- ry, 5e-Lues A-t-L cEx�+. -� c�1-� Do no} -5pca. -, oe- 5HnuLD _ .. .. C 'M u: n c 2 f W t EZ Wanda Krajicek October 22, 2003 Page 2 the applicant has failed to comply. Nor has she indicated any specific facts to support such an allegation of error. This defect is critical to this appeal. I would recommend that the appellant file an amended Notice of Appeal clearly stating the grounds upon which she bases her appeal, and including specific allegations of error, citing the applicable Land Use Code sections, and including a summary of the facts contained in the record which support those allegations of error. The appeal, as presently filed, would be very difficult for the Council to work with as it relates to the grounds for appeal. WPE: cn City orney City of Fort Collins MEMORANDUM DATE: October 22, 2003 TO: Wanda Krajicek /�/, FROM: W. Paul Eckman, Deputy City AttorneyLU"v' RE: Notice of Appeal of Merilee J. Lube I have received the copy of the Notice of Appeal that was filed with your office on October 21, 2003 by Merilee J. Lube. The appeal was timely filed, being filed on the fourteenth day after the decision, however, the Notice of Appeal does not contain the "date of the action," as is required pursuant to Section 2-49(2) of the City Code. I had to ascertain the date of the action by calling Cameron Gloss to see when the decision was made. The reference to the action is also unclear. Section 2-49(1) requires that the Notice of Appeal include the action of the board, commission or other decision maker which is the subject of the appeal, and the only reference in this Notice of Appeal to an action is to "Case # 26- 02," which I presume pertains to the Discount Tire Store since the Notice of Appeal focuses upon issues pertaining to "Discount Tire." I believe that the appellant should clarify not only the date of the action, but also the action itself in her Amended Notice of Appeal. The Notice of Appeal is signed by the appellant as required by the Code, and also contains the name, address and telephone number of the appellant, but does not indicate the "relationship" of the appellant to the subject of the action. The relationship should be described by explaining to the Council in an Amended Notice of Appeal how it happens that the appellant is a "party in interest," as that term is defined in Section 2-46 of the Code. Most importantly, a Notice of Appeal must comply with Section 2-49(4) by stating the grounds for appeal, including specific allegations of error and a summary of the facts contained in the record on appeal which support those allegations of error. Section 2-48(b) spells out the permissible grounds for appeal under the Code. From what I can ascertain from the Notice of Appeal, it seems that the appellant begins to make some general complaints about non-compliance with standards at the bottom of the second page and top of the third page of the Notice of Appeal. Mainly, this complaint pertains to the length of the driveway due to the fact that 18-wheelers will be using it. There is also a concern expressed about diesel fuel, noise and problems for school bus traffic and pedestrians as well as a house located across the street. However, the appellant never states in the Notice of Appeal that she believes that the decision maker "failed to properly interpret and apply relevant provisions of the Code and Charter." Nor does she indicate which provisions of the Land Use Code with which 300 LaPorte Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327 City l terk City of Fort Collins October 23, 2003 Merilee J. Lube 5326 Fossil Ridge Drive Fort Collins, CO 80526 Dear Ms. Lube: This letter is in reference to your Notice of Appeal dated October 20, 2003, appealing the October 7, 2003, decision of the Administrative Hearing Officer (Cameron Gloss, Current Planning Director), regarding the Discount Tire Project PDP, #26-02. The Deputy City Attorney has reviewed the appeal document and his findings are set out in the attached memorandum dated October 22, 2003. You will want to pay particular attention to the recommendations suggested in his memorandum. Section 2-51 of the City Code provides that an amended Notice of Appeal may be filed by the appellant(s) within fourteen (14) working days after the date of filing of the original notice of appeal. An amended Notice of Appeal must be submitted NO LATER THAN 5:00 P.M. on Monday, November 10, 2003. The City Council hearing on the appeal has been scheduled for Tuesday, December 16, 2003. Sincerely, �C3 Wanda M. Krajicek City Clerk Attachment 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6515 • FAX (970) 221-6295