HomeMy WebLinkAboutROHRBACKER PUD - PRELIMINARY & FINAL - 41-89C - CORRESPONDENCE - APPEAL TO CITY COUNCIL:7
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AUK 6 1990
NOTICE OF APPEAL
Date. August 1, 1990.
To. City Counsel, City of Fort Collins, State of Colorado.
Appellants. The persons executing this Notice of Appeal
are the appellants as defined in Section 2-46, Code of the
City of Fort Collins.
Standing to Appeal. The appellants standing to appeal are
based on one or more of the following facts: They are a
person who, or organization to which, the City mailed
notice of the hearing of the Planning and Zoning Board;
they sent comments to the Planning and Zoning Board prior
to the action being appealed from; and/or they appeared
before the Planning and Zoning Board at the hearing on the
action being appealed from.
5. Action of the Board which is the Subject of the Appeal.
The Planning and Zoning Board, hereinafter "Board", action
of July 23, 1990, giving preliminary approval to Rohrbacker
PUD - Preliminary and Final, Case #41-89C.
6. Grounds for Appeal. The Board gave its preliminary
approval by a vote of three "for" and two "against". The
approval was an abuse of discretion in that the Board's
decision was arbitrary and without the support of competent
evidence in the record.
The Board substantially ignored its previously established
rules of procedure. On March 26, 1990, the Board passed a
proper motion to deny Case #41-89C, Rohrbacker PUD -
Preliminary and Final. The Petitioner filed her proposed
appeal on the record. Subsequently, the Petitioner
withdrew the appeal and requested a rehearing, which was
granted. This action constitutes an improper procedure and
fails to follow previously established rules of procedure.
The Board considered evidence relevant to its findings
which was substantially false or grossly misleading.
Pictures failed to present accurately the neighborhood.
Elevations and visibility were not properly represented.
Neighborhood impact was improperly represented.
7. Record on Appeal. Appellants respectively request, if
available, the video tape recording of the Board's
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proceedings of March 26, 1990, and July 23, 1990, to be
provided to the City Counsel for review.
APPELL TS:
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"Bill - t,- ttorrfey for
Thomas J assett and
Charl ne S. Bassett
222 est Magnolia Street
Fort Collins, CO 80521
(303) 84-1112
Richard Decook
1418 East Magnolia Street
Fort Collins, CO 80524
(303) 484-0343
rold S . Flshdt
308 Camino Real
Fort Collins, CO 80524
(303) 84-6384
Ron Bauer
1404 East Magnolia Street
Fort Collins, CO 80524
(303) 484-4333
t
n /J rvis
"1.418 st Magnolia Street
Fort Collins, CO 80524
( 224-0222
D vid P. Janss
319 B Link La
Fort Collins, CO 80524
(303) 484-4320
Marion T. Allen, Jr.
101 South Link Lane
Fort Collins, CO 80524
(303) 484-4841
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APPELLANTS (cont.)
David Joyce
1300 Mulberry
Fort Collins, CO 80524
(30 221-2428
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Hay er. . Standifqrd
1424 East Mulber
Fort Collins, CO 80524
(303) 49, -3 6
Jolhn R. Valerius
1424 East Mulberry
Fort Collins, CO 80524
(303) 493-3056
Tucker
1 4 East Mulberry
Fort Collins, CO 80524
(303) 493-3056
Ross Rinker. -� J��
1424 East Mum -rry
Fort Collins, CO 80524
(303) 493-3056
Vern W. West
1400 East Mulberry
1412 East Mulberry
Fort Collins, CO 80524
(303) 493-1342
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