HomeMy WebLinkAboutHARMONY RIDGE PUD, PHASE ONE - FINAL - 49-95B - CORRESPONDENCE - PUBLIC NOTICECity of Fort Collins
DATE:
TO:
FROM:
RE:
City Attu.
MEMORANDUM
July 31, 1998
Wanda Krajicek, City Clerk
W. Paul Eckman, Deputy City Attorney
Notice of Appeal of Planning and Zoning Board's Denial of Harmony Ridge P.U.D.,
Phase One, Final #49-95B
On July 30, 1998, a notice of appeal of the above -referenced decision of the Planning and Zoning
Board was filed by Joe Vansant (Positive Environments, Inc.) and Lee A. Stark and G.D. McGarvey.
Section 2-50 of the Code of the City requires the City Attorney to, within five working days of the
date of filing of a notice of appeal, review the same for obvious defects in form or substance.
I have examined the aforementioned notice of appeal and have concluded that it was timely filed and
that it complies with the requirements of Section 2-49 of the Code of the. City except as described
below.
Section 2-49(3) of the Code requires the notice of appeal to include not only the name and
relationship (as this notice of appeal does) but also the address and telephone number of each
appellant. There is an address for Mr. Vansant, but no telephone number. Messrs. Stark and
McGarvey have signed the notice of appeal as owners but have given no indication of their address
or telephone number.
Also,. Section 2-49(5) requires, in the case of an appeal by more than one appellant (here there are
three appellants) that the name, address and telephone number of one such appellant shall be given
as the person authorized to receive, on behalf of the appellants, any notice required to be mailed by
the City to the appellants under the provisions of Section 2-50. The notice of appeal does not contain
this information.
I believe that the appellants should be given the opportunity to file an amended notice of appeal to
correct the aforesaid deficiencies.
WPE:med
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327
Citv Clerx
City of Fort Collins
August 3, 1998
Joe Vansant
Positive Environments, Inc.
P. O. Box 98
Fort Collins, CO 80522
Dear Mr. Vansant:
This letter is in reference to your Notice of Appeal dated July 30, 1998, appealing the July 16,
1998, Planning and Zoning Board denial of the Harmony Ridge PUD, Phase One, Final. The
City Attorney has reviewed the appeal document and his findings are set out in the attached
memorandum dated July 31, 1998. 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) at any time prior to the time for mailing by the City Clerk of the notice of the appeal
to parties -in -interest. The City Council hearing on the appeal has been scheduled for Tuesday,
September 15, at 6:00 p.m., and the Notice of Hearing must therefore be mailed no later than
September 1, 1998. An amended Notice of Appeal must be submitted NO LATER THAN
NOON ON MONDAY, August 31,1998 to allow sufficient time for legal review and inclusion
in the Notice of Hearing to be mailed on September 1, 1998.
Sincerely,
Wanda Krajicek
City Clerk
cc: G.D. McGarvey
Lee A. Stark