HomeMy WebLinkAboutLINDIMER SUBDIVISION PRELIMINARY - 26 93 - SUBMITTAL DOCUMENTS - ROUND 1 - APPEAL TO CITY COUNCILWe believe that the Board did not properly interpret and apply the Subdivision Regulations, in
that the express stated purpose of these Regulations is to promote the health, safety and welfare
of the public, to establish standards of subdivision design which support sound, economical
neighborhoods, and to create a healthy environment for present as well as future inhabitants.
As contained in information (both written and oral) presented to the Board, we believe that
locating residences within close proximity of our established business, which is a horse boarding
and training facility, represents a clear danger to the welfare and safety of ourselves and other
City residents who use our facility. The Board recognized this danger, and supported the
construction of a visual obstacle (a fence) to minimize some of these impacts, but also
recognized that other dangers may not be mitigated by the fence.
The currently submitted Subdivision plan also allows for the potential construction of a residence
within 5 feet of a livestock living area on our property, exposing this resident to all the attendant
sounds, odors and conditions of livestock and livestock manure. This does not appear to be in
accordance with promoting the health, safety and welfare of future inhabitants of this residence.
---;We also believe that the Board was not able to hold a fair hearing on June 28, 1993 due to their
consideration of substantially false information regarding construction of the sewer utilities on
O the site. According to information previously presented by Mr. Mark Linder (developer of the
j site), and described in a draft letter to us dated June 21, 1993, the construction of the sewer
!i would entail construction of a tempo►�ary line that would be taken out of service at a future date.
This situation would require future excavation of front yards. p
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The Board specifically requested more information regarding this matter during the June 28,
1993 meeting, and the engineer for the site stated that no future excavation would be necessary.
The Board based their decision on this information. On June 29, 1993 Mr. Linder stated to me
that the engineer had been in error at the meeting, and that future excavation would be required
to take the temporary sewer out of service.
We believe that the grounds presented above fulfill the requirements for requesting an appeal
to the City Council. Thank you for your consideration and attention.
Sincerely,
Charlie Tidd
49 - C.- -
uzan assinger
12
July 12, 1993
City Clerk
City of Fort Collins
P.O. Box 580
Fort Collins CO 80522
RE: Notice of Appeal
Lindimer Subdivision
Planning and Zoning Board Preliminary Approval
Dear City Clerk,
This letter is submitted in fulfillment of the City requirements for appealing a decision of the
Planning andso\ g Board to the City Council.
1 Action
The action that —is bein -appealed is the Preliminary Approval for the proposed Lindimer
Subdivision.
2. Date of Action
The Planning and Zoning Board granted Preliminary Approval to the proposed Lindimer
Subdivision on June 28, 1993.
3— Appellan
Charlie Tidd & Suzanne Bassinger
Horsetooth Stables
1506 West Horsetooth Road
Fort Collins CO 80526
(303) 223-5809
We are the owners of Horsetooth Stables, and the property owners directly south and adjacent
to the south boundary of the proposed project.
L. Grounds for Appeal
We hereby request that an appeal be heard by the City Council on this matter due to the fact that
the Planning and Zoning Board (the Board):
.2-48 (2) a) did not properly interpret and apply relevant laws, and
.yq i 13)C b) failed to hold a fair hearing by considering substantially false or grossly
misleading evidence.
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cop/'qo; C;t_y Afforhe y