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HomeMy WebLinkAboutPVH MEDICAL OFFICE BUILDING & PARKING STRUCTURE - PDP - 14-07 - LEGAL DOCS - CITY COUNCILCity Attorney of Fort Collins MEMORANDUM DATE: November 1, 2007 TO: Wanda Krajicek, City Clerk FROM: W. Paul Eckman, Deputy City Attorney/ RE: PVH Appeal I have reviewed the material received by the City Clerk by 12 noon on Wednesday, October 31, 2007, pertaining to the Poudre Valley Hospital appeal. Section 2-54(b) of the City Code only allows written materials that fit within the exception to new evidence contained in Section 2-57(b)(1) to be submitted. The term "evidence" as defined in the Code does not include argument. Therefore, the document that was received that is admissible is the letter from Paul Butler, dated October 30, 2007, which offers new evidence to dispute a statement that was made the Board by representatives of the hospital. The other letter dated October 31, 2007, from Jody Eidsness constitutes argument and, in my opinion, does not fit within the exception for new evidence and is therefore not admissible. WPE:pec cc: Steve Roy, City Attorney Ted Shepard, Chief Planner Cameron Gloss, Director of Current Planning 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327