Loading...
HomeMy WebLinkAboutLINDIMER SUBDIVISION PRELIMINARY - 26 93 - LEGAL DOCS - 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 presen 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 the site. According to information previously presented by Mr. Mark Linder (developer of the site), and described in a draft letter to us dated June 21, 1993, the construction of the sewer would entail construction of a temporary line that would be taken out of service at a future date. This situation would require future excavation of front yards. 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 uzan assinger 4) 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 an�ning Board to the City Council. 1 Action The action that —is bein ppealed 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. Appellant 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. 4 Grounds for ApMd 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): a) did not properly interpret and apply relevant laws, and b) failed to hold a fair hearing by considering substantially false or grossly misleading evidence. Cop/'es -{o; (f 'tL-) AtFori,e y Plate 01'.-19 City At. aey City of Fort Collins MEMORANDUM DATE: July 14, 1993 TO: Wanda Krajicek, City Clerk FROM: W. Paul Eckman, Deputy City Attorney RE: Notice of Appeal of Charlie Tidd and Suzanne Bassinger On July 12, 1993, I received a copy of the Notice of Appeal (dated July 12, 1993) as filed by appellants Charlie Tidd and Suzanne Bassinger regarding the Lindimer Subdivision. Pursuant to Section 2-50 of the City Code, it is my duty to review this Notice of Appeal within five working days of the date of,its filing for any obvious defects in form or substance. I believe that the Notice of Appeal complies with all of the requirements of Section 2-49 regarding the required contents of a Notice of Appeal and, in addition, the Notice of Appeal is dated and signed by the appellants. I believe that the Notice of Appeal is in a form sufficient for Council consideration, even though the appellants did not specifically identify that they are "parties -in -interest." Since they stated that they own property adjacent to the south boundary of the project, they are in such close proximity to the project that they would have been mailed notice of the Planning and Zoning Board hearing. WPE:whm V);') LaPorte Avenue - P. O. Box 580 - Fort Collins, CO 80522-0580 - (303) 221-6520 City Cli City of Fort Collins NOTICE The City Council of the City of Fort Collins, Colorado, on Tuesday, August 3, 1993, 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 filed by Charlie Tidd and Suzanne Bassinger from the decision of the Planning and Zoning Board made on June 28, 1993, regarding Lindimer Subdivision, Case #26-93. The meeting is fully accessible to handicapped persons. You may have received previous notices 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, July 29, after 10:00 a.m. in the City Clerk's Office. Wanda M. Krajicek City Clerk Date Notice Mailed: July 20, 1993 cc: City Attorney Planning Department Appellant/Applicant 300 LaPorte .Avenue 0 P.O. Box 580 0 Fort Collins, CO 80522-0580 • (303) 221-6515 • FAX # (303) 221-6329