HomeMy WebLinkAboutMARSEE PUD - PRELIMINARY & FINAL - 14-95 - CORRESPONDENCE - PUBLIC NOTICEc) I spoke at the hearing.
I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the P,larining -dnd Z ing Board f Marsee P.U.D. #14-
95.
Signature:
Name (print):r.�
Address: / v/ S B r• y
Phone: f-/- 7-'2-6
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
(0 l received written notice of the action.
(b) I sent written comments regarding this action.
aI spoke at the hearing.
I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature:
Name (print):-72ra+hv A-nH �jar.s n n
Address:
Phone: (f�q —7tzr)
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
6) 1 received written notice of the action.
(b) I sent written comments regarding this action.
(c)I spoke at the hearing.
I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature: / tD
Name (print): > U 1 0 1• 1� �M�
Address: /3�fUi�✓i�
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
(a) I received written notice of the action.
(b) I sent written comments regarding this action.
I spoke at the hearing.
(d I own the home at the address listed below.
My signatur elow verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature: '
Name (print): _�`
.Address: �3 Y.:::Q, ��—� r'
Phone: C�D) ��-'-�� 2� CI)
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
(a) I received written notice of the action.
(b) I sent written comments regarding this action.
(^' I spoke at the hearing.
I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature: L .,v, C7
Name (print): a 0
Address: / i .'' CT >,-, 4 -
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
received written notice of the action.
'Tb) I sent written comments regarding this action.
(0,1 spoke at the hearing.
<LUJPown the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature: �.� -. ---
Name (print): �lvT �!�A/� 4�1
Address:
Phone:G=-Z�
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds 'circled):
Q. I received written notice of the action.
(b) I sent written comments regarding this action.
�9
(c) I spoke at the hearing.
(MI own the home at the address listed below.
My signature elow verifies that I support this amended appeal of the action of
the 5/22195 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature:
Name (print):
Address: >l7 t
Phone:�iU1�
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
(a) received written notice of the action.
I sent written comments regarding this action.
(c) I spoke at the hearing.
(d I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature:
Name (print): 5k�- 5vosolA
Address: /317 FA,Rvv;,�► DR.
Phone: ;2 y-ZplS
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
®I received written notice of the action.
(b) I sent written comments regarding this action.
(c) I spoke at the hearing.
/I own the home at the address listed below.
My signature tselow verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature:=Bldg.& . �: .
Name (print): �Tfl N / C -e k�?. i eu
Address: / 3a l S. 16r y A rU
Phone: G //..ems C.
'Y'Py_5Ys y
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
RI received written notice of the action.
l sent written comments regarding this action.
E
(c) I spoke at the hearing.
�'d� I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D.. #14-
95.
Signature:Name(print):(print): i;'4,
Address:
Phone: y' S
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
�1 received written notice of the action.
(b) I sent written comments regarding this action.
(c) I spoke at the hearing.
own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature: 1'5a "� �� �t�%r✓L
Name (print): F vc-; eL 4
Address:
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14- because (all applicable grounds circled):
(a I received written notice of the action.
b) I sent written comments regarding this action.
(q I spoke at the hearing.
d I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature: ��5 _
Name (print): S7r-r=,2t+,c ✓ 0 1)4t4i
Address:
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
I received written notice of the action.
b I sent written comments regarding this action.
-% `7
4W(c I spoke at the hearing.
1 own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board.
of Marsee P.U.D. #14-
95. v��Zttc d/
Signature:
Name (print): , tiF . c✓ _ L , n c�
Address: 3. 1
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
�(a I received written. notice of the action.
I sent written comments regarding this action.
(c) I spoke at the hearing.
))I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning nd Zl g Board of Marsee P.U.D. #14-
95. 7) i
Signature: '
Name (print):
Address: ! 3 S g'`Z\1t1l� fit✓
Phone: 4�%
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. # 1 4-954w
cause (all applicable grounds circled):
<Iqj,teceived written notice of the action.
sent written comments regarding this action.
(c) I spoke at the hearing.
own the home at the address listed below.
My signature -below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the P ning an 'n and of arsee P.U.D. #14-
95.
Signature:
Name (print): tart
Address: I 3z0 S. 13 Q-n
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
6?1 received written notice of the action.
(b) I sent written comments regarding this action.
'S6
I spoke at the hearing.
(d)I own the home at the address listed below.
My signature Blow verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature:
Name (print): _
Address: l �/ 7 �i�H r� nllr o, J �•
Phone: fl --
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
�a I received written notice of the action.
j I sent written comments regarding this action.
(c) I spoke at the hearing.
Vel"cow
own the home at the address listed below.
My. signature verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature: !�z!.?
Name (print): ,t Y n e_ ► �a,.�
Address: i; 2 x .m&, i La K c
Phone: A441 qCl'
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
(aj I received written notice of the action.
(b) I sent written comments regarding this action.
(c) I spoke at the hearing.
(d) I own the home at the address listed below.
My signature below verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature:
Name. (print): `
Address:
Phone: ;' `•`
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
I received written notice of the action.
(b) I sent written comments regarding this action.
c)I spoke at the hearing.
d I own the home at the address listed below.
My signature elow verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95.
Signature:
Name (print): t2 C ;a 4.4
Address: 1,3'l '5�? P !? ✓' .
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-9 ecause (all applicable grounds circled):
a I received written notice of the action.
I sent written comments regarding this action.
spoke at the hearing.
{d) own the home at the address listed below.
My signature ow verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95. O /'
Signature:
Name (print):
Address:
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D..#14-95 because (all applicable grounds circled):
(a) 1 received written notice of the action.
I sent written comments regarding this action.
c I spoke at the hearing.
I own the home at the address listed below.
My signature Blow verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95. /> c
Signature:
Name (print):
Address:
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-9r because (all applicable grounds circled):
I received written notice of the action:
I sent written comments regarding this action.
4
Planning and Zoning Board's action on this P.U.D. request. We wish to see our
immediate neighborhood continue to be the type of low density housing area
that it was originally created to be, and we feel that approval of the Marsee
P.U.D. request would be detrimental to that purpose. Allowing the Planning and
Zoning Board's .approval of this P.U.D. request to stand would not help meet
any defined community need such as affordable housing or historical
preservation. There is no public benefit in approving this P.U.D. request to
allow the building of such a duplex -type unit. Surely the City of Fort Collins
does not wish to encourage the conversion of properly zoned existing single
family residential units to multi -family residential_ use.
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-9 ecause (all applicable grounds circled):
(a I received written notice of the action.
sent written comments regarding this action.
c I spoke at the hearing.
own the home at the address listed below.
My signature elow verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zonm Board of Marsee P.U.D. #14-
95. 1i'n
Signature:
Name (print): %�-*'�s £ t� r
Address
Phone: 970 -�-
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 ecause (all applicable grounds circled):
CIMI received written notice of the action.
b I sent written comments regarding this action.
MI spoke at the hearing.
C(cl)A own the home at the address listed below.
My signature Ylow verifies that I support this amended appeal of the action of
the 5/22/95 approval by the Planning and Zoning Board of Marsee P.U.D. #14-
95. r a
Signature:
Name (print):
Address:
Phone:
I, the undersigned, am a party -in -interest to the matter of the Marsee
P.U.D. #14-95 because (all applicable grounds circled):
Q I received written notice of the action.
�) I sent written comments regarding this action.
3
with the RL (low density residential) zoning of this area. The Marsees'
request, in contrast, is absolutely inconsistent with that RL zoning
designation. The representation that was made with respect to the
number of rental homes in this neighborhood was thus substantially
false and grossly misleading.
• The Planning and Zoning Board substantially ignored its previously
established rules of procedure in approving the Marsee P.U.D. #14-
95 request on 5/22/95. Specifically, the Board failed to properly notify
neighbors of the nature of the Marsee's P.U.D. request. As originally
communicated to many of the undersigned in writing, the request was
for permission to build a two-story garage/apartment unit. Many of the
undersigned appellants responded, in writing, with specific objections
to this request. The P.U.D. request was then modified at the Planning
and Zoning Board meeting on 5/22/95 to a very different form
(basement apartment with garage above). No notice was given in
writing to any neighbors about this revision. Since the rules of
procedure of the Planning and Zoning Board require adequate written
notice to be given regarding any such request, the Board clearly
failed to follow its own rules of procedure with respect to
consideration of the Marsee P.U.D. #14-95 request.
• The Planning and Zoning Board failed to properly interpret and apply
relevant provisions of the Code and Charter on 5/22/95 with respect
to the Marsee P.U.D. #14-95 request. Our City Planning Staff
recommended denying this request in part because. it did not
satisfactorily meet the residential uses point chart minimum
requirement. We submit that the Planning and Zoning Board, by
failing to make clear the grounds for disagreeing with the City
Planning Staff, failed in its duty to properly interpret and apply
relevant provision of the Code. Furthermore, the Board should have
determined that a variance to the point chart was not appropriate
under the circumstances. .This also constitutes a clear failure to
properly interpret and apply the relevant provisions of the Code and
Charter in making its determination regarding the Marsee P.U.D. #14-
95 request.
The undersigned neighbors oppose the conversion of the Marsees'
single family dwelling into a duplex residence, as proposed in their P.U.D.
request referenced above. Our neighborhood will be adversely affected by this
change, since our homes are all moderately sized two and three bedroom
single family dwellings. This area was zoned RL (low density residential) in
1965. We fear that this rental unit will, if the Marsees' P.U.D. request is
approved, be the first step in the direction of high density housing in this quiet
residential neighborhood.
Naturally, we were not pleased when the Planning and Zoning Board
reversed the recommendation of the City Planning Staff and approved the
Marsees' P.U.D. request by a 4-3 vote. We ask you, the members of the City
Council, to consider our position and support our appeal for a reversal of the
2
ffUN5
June 7, 1995
CITY CLERK
Fort Collins City Council
300 LaPorte Avenue
Fort Collins, Colorado 80521
Re: Amended Appeal of Planning.and Zoning Board Action
re Marsee P.U.D. #14-95
To: The Members of the City Council of Fort Collins
We, as neighbors of the Marsee family at 1320 Southridge Drive and as
parties -in -interest with a relationship to the above -specified P.U.D. request,
hereby wish to register an amended appeal of the approval by the Planning and
Zoning Board on 5/22/95 regarding that P.U.D. request (Marsee P.J.D. #14-95).
We do so on grounds (see below) specified in Sections 2-48(1), 2-48(2.b), and
2-48(2.c) of the Fort Collins Code. Specifically, we feel that the Planning and
Zoning Board (a) failed to properly interpret and apply relevant provisions of the
Code and Charter, (b) substantially ignored its previously established rules of
procedure, and (c) failed to conduct a fair hearing in that it considered evidence
relevant to its findings which was substantially false or grossly misleading.
The names, addresses, signatures, and telephone numbers of qualified
appellants (i.e., parties -in -interest) may be found at the end of this amended
appeal.
Our specific grounds for appeal are based, as indicated above, on the
provisions found in Sections 2-48(1), 2-48(2.b) and 2-48(2.c) of the Fort Collins
Code. Specifically, we allege that:
• The Planning and Zoning Board considered misleading evidence in
making its decision to approve the Marsee P.U.D. #14-95 request on
5/22/95. Specifically, the record shows that Board members were
informed that this neighborhood is a neighborhood with many rental
homes.
This is not true. In the block of Southridge Drive in which the
Marsees live, the west side of the block has only one house with a
lease to a professor at Colorado State University. The other five
homes are owned by the families living in them, some owners (many
of whom are appellants in this amended appeal) having built these
houses as much as thirty-two years ago.
On the east side of the block, the same thing is true, except for two
homes that are currently being rented to college students. On the
portion of Fairview Drive that goes from S. Bryan past the south end of
Southridge Drive, one house is currently rented to college students..
This is definitely not a neighborhood in which rental units
predominate.
Furthermore, there are no rental units of the duplex type proposed
by the Marsees in this immediate neighborhood. The few rental units
that exist (see above) are rented as houses in a manner consistent
C� : eo AA _ 1
City of Fort Colli'Is
S 4
June 7, 1995
R.W. and Arlene Anderson
1317 Southridge Dr.
Fort Collins, CO 80521
Dear Mr. and Mrs. Anderson:
This letter is in reference to your Notice of Appeal received June 5, 1995,
appealing the Planning and Zoning Board decision on the Marsee PUD. The City
Attorney has reviewed the appeal document and his findings are set out in the
attached memorandum dated June 6, 1995. 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, June 27, 1995,
at 6:30 p.m., and the Notice of Hearing must therefore be mailed no later
than June 13, 1995. An amended Notice of Appeal must be submitted NO LATER
THAN 12:00 NOON on Monday, June 12, 1995 to allow sufficient time for legal
review and inclusion in the Notice of Hearing to be mailed on June 13, 1995.
Sincerely.
Wanda Krajicek
City Clerk
00 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 (970) 2217651- • FAX (970) ""I 620,5
C- . t
C2Yy" +_ tYi�
City of Fort Collins .
June 7, 1995
John E. and Beverly Biggs
1321 Southridge Dr.
Fort Collins, CO 80521
Dear Mr. and Mrs. Biggs:
This letter is'in reference to your Notice of Appeal received June 5, 1995,
appealing the Planning and Zoning Board decision on the Marsee PUD. The City
Attorney has reviewed the appeal document and his findings are set out in the
attached.memorandum dated June 6, 1995. 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. June 27, 1995,
at 6:30 p.m., and the Notice of Hearing must therefore be mailed no later
than June 13, 1995. An amended Notice of Appeal must be submitted NO LATER
THAN 12:00 NOON on Monday, June 12, 1995 to allow sufficient time for legal
review and inclusion in the Notice of Hearing to be mailed on June 13, 1995.
nSincerely,
Wanda Krajicek
City Clerk
300 LaPorte Avenue • P.O. Eros 580 • Part Collins, CO 80522-0580 • (970) 221-6515 • FAX (970) 221-6295.
Wanda Krajicek, City Clerk
June 6, 1995
Page 3
The Notice of Appeal indicates that the Marsee P.U.D. was a "request for a zoning variance" and is
often referred to a "variance." Just by way of explanation, the Marsee P.U.D. was not a request for
a zoning variance, but rather, was a request for the approval of a Planned Unit Development. Also,
in the second "bullet" it is alleged that the City Planning "Board" recommended denial when, in fact,
it was the City Planning "Staff' that recommended denial,
I would recommend that the Appellants file an Amended Notice of Appeal, as they are allowed to
do, pursuant to Section 2-51 of the Code. It might be helpful if you could provide them with copies
of previously filed notices of appeal, if you have retained those in your. files. These might help
illustrate how the Notice of Appeal can be revised to conform to the requirements of the Code.
WPE:med
Wanda Krajicek, City Clerk
June 6, 1995
Page 2
With regard specifically to the Notice of Appeal which has been filed with your office, the "action"
of the Board is apparently the approval of the Marsee P.U.D. This should be more clearly stated.
Also, the Notice of Appeal does not give a date for this action although, in one of the paragraphs of
the appeal, it is indicated that Mrs. Marsee spoke to the Board on May 22, 1995. Although it can
be imputed from that statement as well as our knowledge of when the Board considered this matter
that May 22, 1995 is the date of the action, but the Notice of Appeal must specifically say so. Next,
although the Notice of Appeal lists a number of names of Appellants, along with their addresses,
many of these names do not indicate the telephone numbers of these Appellants. Moreover, the
names are frequently names of "couples" which leaves open to question who the actual Appellant
is. Section 2-49 of the Code requires that Notices of Appeal be signed by all Appellants. As an
example, the first signature block indicates that the Appellants are "R.W. and Arlene Anderson."
That signature block should be changed so that there is a signature line for both R.W. Anderson and
Arlene Anderson, if both wish to be Appellants in this matter. Each person should sign the appeal.
The same is true for many of the other signature blocks on the Notice of Appeal.
Another important aspect that has been left out of this Notice of Appeal is the requirement, pursuant
to Section 2-49(3) that each Appellant indicate their "relationship" to the subject of the action of the
Board. By "relationship," the Code intends that each Appellant indicate how it happens that that
Person is a "party in interest" as that term is defined in Section 2-46 of the Code. The Appellants
should examine Section 2-46, and particularly the definition of the term "party in interest" to
determine that they are in fact parties in interest (because only parties in interest can file an appeal)
and to explain to the City Council how they came to be parties in interest.
Finally, as noted above, the Appeal must list grounds/allegations. of error, and those grounds must
comply to the stated grounds allowed for the filing of appeals as provided in Section 2-48 of the
Code. It would appear that one of the possible grounds that the Appellants are alleging is that the
Board failed to conduct a fair hearing in that it considered evidence relevant to its findings which
was substantially false or grossly misleading. That allegation might be deduced from the paragraph
which alleges that Mrs. Marsee made a "misleading statement" when she indicated that there already
existed rental homes in the neighborhood. I would recommend that the Appellants restate that more
specifically so as to indicate the actual allegation of error that they intended to allege. A couple of
other allegations (the second "bullet" and the fourth "bullet") seem to be attempts to make the
argument that the Board failed to properly interpret and apply the relevant provisions of the Code
and Charter, first, because the Board disagreed with the City Planning staff and second, because the
Board should have determined that a variance to the point chart was not appropriate under the
circumstances. However, I am not certain that that is the intention of the Appellants and I would
recommend that they clarify what their contention is with regard to those issues. I have not been
able to deduce any legitimate allegation of error that can be connected with the third "bullet" in the
Notice of Appeal and would recommend that the Appellants give additional thought to that
allegation to see how it fits with the authorized allegations of error as stated in Section 2-48.of the
Code.
l
City Attorney
MEMORANDUM
City of Fort Collins
DATE: June 6, 1995
TO: Wanda Krajicek, City Clerk
FROM: W. Paul Eckman, Deputy City Attorney
RE: Notice of Appeal - Marsee P.U.D. .
I have, pursuant to Section 2-50 of the Code, examined the Notice of Appeal filed with your office
on June 5, 1995, regarding the Marsee P.U.D. My review has led me to conclude that the Notice of
Appeal contains numerous defects with regard to form and/or substance. Essentially, I would
recommend thaf the Appellants obtain a copy of your Guidelines for Appeals and re -draft the Notice
of Appeal so that it complies with the Code. Particularly, the Appellants should closely examine
Sections 2-48 and 2-49 of the Code. Section 2-49 contains information regarding the requited
elements of a Notice of Appeal. Those are that the Notice must:
Be signed by all Appellants.
2. Indicate the action of the Board which is the subject of the
Appeal.
3. Indicate the date of that action.
4. Indicate the name, address, telephone number and relationship of
each Appellant to the subject of the action of the Board.
5. Indicate the grounds for the appeal, including specific allegations of
error and the summary of facts contained in the record on appeal
which support those allegations.
To be acceptable, a notice of appeal must contain one or more of the following grounds for appeal,
as those listed in Section 2-48 of the Code:
1. Failure to properly interpret and apply relevant provisions of the
Code and Charter.
2. Failure to conduct a fair hearing for any of the four possible reasons
listed in Section 2-48.
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520
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Surely the City of Fort Collins does not wish to encourage the conversion of
properly zoned existing single family residential units to multi -family
residential use.
Many neighbors called and/or wrote letters to the city planning board
expressing opposition to the variance and the proposed duplex project. Naturally, we
were not pleased when the Planning and Zoning Board reversed the recommendation
of the city planners and approved the Marsees' request for a zoning variance by a 4 to
3 vote. We ask you, the City Council, to consider our position and support our appeal
for a denial of this variance request. We wish to see our immediate neighborhood
continue to be the type of low density housing area it was originally created to be, and
we feel that granting of this variance would be detrimental to that purpose.
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Project: Marsee P.U.D. #14-95 JUN 5 10
To: City Council, City of Fort Collins QTY C-EM
Re: The Marsee's Appeal for Variance
We, as neighbors of the Marsee family at 1320 Southridge Drive, oppose the
conversion of their single family dwelling into a duplex residence, as proposed in their
request for zoning variance referenced above. Our neighborhood will be affected by
this change, since our homes are all moderately sized two and three bedroom single
family dwellings.
This area was zoned RL (low density residential) in 1965. We fear that this
rental -unit will, if the Marsee's request for a variance is granted, be the first step in the
direction of high density housing in this quiet residential neighborhood.
Some of our specific grounds for opposing this appeal are as follows:
In Mrs. Marsee's misleading statement before the Planning and Zoning
Board on 5/22/95, she intimated that this was a neighborhood of rental
homes. This is not true. In the block of Southridge Drive in which the
Marsees live, the west side of the block has one house with a lease to a
professor at Colorado State University. The other five homes are owned by
the families living in them, some owners having built these houses as much
as thirty-two years ago.
On the east side of the block, the same thing is true, except for two homes
that are currently being rented to college students. On the portion of
Fairview Drive that goes from S. Bryan past the south end of Southridge
Drive, one house is currently rented to college students. This is definitely not
a neighborhood in which rental units predominate.
Furthermore, there are no rental units of the type proposed by the
Marsees in this neighborhood. The few rental units that exist are rented as
houses in a manner consistent with the RL zoning of this area. The
Marsees' request, in contrast, is absolutely inconsistent with that RL zoning
designation.
Our city planning board recommended denying this request for a variance in
part because it met only 90% of the 100% needed to pass the residential
uses point chart minimum requirement.
• There is great uncertainty as to how this apartment will be used. Mrs.
Marsee has described a different use to different neighbors. With the
Marsees' large family (four children), they could possibly move and sell this
small home to someone only interested in rental income. As an example, of ,
this uncertainty, we neighbors were never told about the change of the
original plan (two story garage with an apartment above the garage) to theme"
present plan (basement apartment below the garage).
• Granting this variance would not help meet any defined community need
such as affordable housing or historical preservation. There is no public
benefit in granting this variance to allow the building of this duplex -type unit.
06 ies i� C;ty j�UYhe
F1 vi h i n9
NOTICE
The City Council of the City of Fort Collins, Colorado, on Tuesday, June 27, 1995, at 6:30 p.m. or
as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall
at 300 LaPorte Avenue, will hold a public hearing on the attached, appeal from 'the decision of the
Planning and Zoning Board made on May 22, 1995 regarding the Marsee PUD, (#14-95), filed by
John E. and Beverly Biggs and R.W. and Arlene Anderson, et al. You may have received previous
notice on this item in connection with hearings held by the Planning and Zoning Board.
If you wish to comment on this matter, you are strongly urged to attend the hearing on this appeal.
Written comments are also welcome. If you have any questions, require further information, or wish
to submit written materials, please feel free to contact the City Clerk's Office (221-6515) or the
Planning Department (221-6750). Agenda materials provided to the City Council will be available
to the public on Thursday, June 22, after 10:00 a.m. in the City Clerk's Office.
The City of Fort Collins will make reasonable accommodations for access to City services,
programs, and activities and will make special communication arrangements for persons with
disabilities. Please call the City Clerk's Office (221-6515) for assistance.
Wanda M. Krajicek
City Clerk
Date Notice Mailed:
June 13, 1995
cc: City Attorney
Planning Department
Planning and Zoning Board Chair
Appellant/Applicant
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 22"1-6515 • FAX (9,0) i21-6295