HomeMy WebLinkAboutOVERLAND TRAIL 3RD ANNEXATION & ZONING (ENCLAVE) - 16-97 - CORRESPONDENCE - LEGAL COMMUNICATIONLeanne A. Harter, AICP
October 15, 1997
Page 2
Regardless of how the Property is zoned Rex should be entitled
to continue the nonconforming agricultural use for the entire
parcel until his site plan and rezoning (if applicable) is approved
and development occurs.
We believe either of the alternatives offered in this letter
present the City with reasonable choices for dealing with a forced
annexation. We look forward to your response.
Very truly yours,
MARCH & MYATT, P.C.
By: - Q, i
Ramsey D. yatt,
RDM/frb
pc: Rex S. Miller
�CT15REM
ARTHUR E. MARCH, JR.
RAMSEY D. MYATT
ROBERT W. BRANDIES, JR.
RICHARD S. GAST
LUCIA A. LILEY
J. BRADFORD MARCH
LINDA S. MILLER
JEFFREY J. JOHNSON
MATTHEW J. DOUGLAS
Leanne A. Harter,
City Planner
Current Planning
281 North College
Fort Collins, CO
MARCH & MYATT, P.C.
ATTORNEYS AND COUNSELORS AT LAW
110 EAST OAK STREET
FORT COLLINS, COLORADO 80524-2880
(970) 482-4322
FAX (970) 482-3038
October 15, 1997
AICP
Department
Avenue
80521
Re: Rex S. Miller Annexation
Dear Ms. Harter:
ARTHUR E. MARCH
1908-1981
MAILING ADDRESS:
P.O. BOX 469
FORT COLLINS, CO 80522.0469
VIA HAND DELIVERY
As you may know, our office represents Rex S. Miller. The
purpose of this letter is to present Rex's position in connection
with the proposed forced annexation of his property at the
southwest corner of Prospect Road and Overland Trail (the
"Property").
Rex has given notice to the owners of all vehicles stored upon
his Property that they must have their vehicles removed no later
than December 15, 1997. The continued use of the Property as an RV
storage beyond December 15, 1997 is therefore no longer an issue.
Rex's strong preference would be to gain approval for a site
plan incorporating a future convenience store upon the Property.
We understand there are currently some obstacles to his site plan
but we believe we can work together to overcome such obstacles if
given the time and opportunity. Therefore we request the
annexation be tabled until these obstacles have been satisfactorily
resolved.
If the City is unwilling to postpone the forced annexation we
respectfully request that the Property be zoned as T-Transition
with the City waiving the rezoning fee until Rex comes back with a
site plan and a request for rezoning. The justification for this
request includes the fact that Rex was not prepared to have his
Property annexed at this time and his long-term plans for the
Property include a convenience store. If the Property is
immediately zoned MMN his real estate taxes on the Property will go
up dramatically yet he will be unable to implement his plans for
the Property until the obstacles mentioned above have been
resolved.