HomeMy WebLinkAboutGRAHAM BED & BREAKFAST PUD - PRELIMINARY & FINAL - 26-89 - CORRESPONDENCE - CITY STAFFDevelcoent Services •
Planning Department
MEMORANDUM
TO: Mike Herzig, Development Engineer
Rick Richter, Development Engineer
Paul Eckman, Deputy City Attorney
FROM: Ted Shepard, Project Planner
RE: Response to Pat Graham Letter Dated July 24, 1989
DATE: July 28, 1989
Ms. Pat Graham, applicant in the Graham Bed and Breakfast P.U.D., wrote to the
Planning Department requesting her item be removed from the July 24, 1989 P & Z
agenda. In her letter, Ms Graham takes issue with the requirement that 20 feet of
her property be dedicated for future widening of Prospect in addition to 15 feet
for utility easement. The dedication for the right-of-way alone equals 3,120 square
feet.
Ms. Graham states in her letter "... the City is asking me to donate property worth
several thousand dollars if purchased and that dedication has no relationship to the
use I propose for my property." In effect, Ms Graham is stating that the "rational
nexus" test, which is the legal framework for applying municipal fees and exac-
tions, is not met and, therefore, the exaction represents an unjust taking.
In a memo from Paul Eckman to myself regarding Riverbend Stables P.U.D., dated
July 27, 1989, the Planning Department is strongly encouraged to exercise caution
when determining exactions. Based on this memo, it is my opinion that the exac-
tion required for a four -guest bed and breakfast facility may have overstepped the
legality of the "rational nexus" test.
Ms. Graham has indicated that she would like to take her case to the Planning and
Zoning Board. As she stated to me over the phone: "... I want to hear it from the
Board that I have to give up this amount of land." It seems to me that Staff
needs to prepare a response. I suggest we meet to discuss the impact of the
proposed P.U.D. and how the exaction meets the "rational nexus" test. It is my
preference that this issue be resolved as soon as possible due to the increase in all
our workloads the closer we get to P & Z.
I will be checking schedules to meet sometime during the week of July 31st.
300 LaPorte Avenue - P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750
-4 0 •
July 24, 1989
Ted Shepard
Planning Department
City of Fort Collins
P.O. Box 580
Fort Collins. CO 80522
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Bear Mr. Shepard;
As we discussed on the phone today. I am requesting that my
PUD Proposal (Graham Bread and Breakfast) be postponed for
presentation to the Planning and Zoning Commission until Monday,
August 28.
I remain concerned about i:,he city's request. that I dedicate
over 3,000 square feet of right-of-way. I understand the staff's
interest in best representing the city on this issue. However, I
have complied with the city's request to install sidewalks-- not
only on the property at 730 but also for the property at 720 West
Prospect. The Bed and Breakfast operation I propose for my
property does not impact the need for sidewalks and it is
doubtful this small business can retrieve those costs.
Nevertheless, I believe I am more than complying with the city's
request regarding sidewalks.
However. I believe the additional request for the right-of-
way dedication is unreasonable. In effect, the city is asking me
to donate property worth several thousand dollars if purchased
and that dedication has no relationship to the use I propose for
my property. I would like the opportunity to ask the Planning and
Zoning board members why this is necessary for my modest
proposal.
yc v.
i30 W;--rospect Road
Fort lins. CO 80526
493-0365