HomeMy WebLinkAbout403 S WHITCOMB PUD - FINAL - 86-88 - LEGAL DOCS - APPEAL TO CITY COUNCILCity Attc*y •
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Citv of Fort Collins
M E M O R A N D U M
DATE: January 23, 1989
TO: Wanda Krajicek, City Clerk
FROM: W. Paul Eckman, Assistant City Attorney
RE: Appeal of Planning and Zoning Board Decision/
403 South Whitcomb P.U.D.
I have examined the appeal of Steven McGinnis with regard to the
above -referenced matter and find no obvious defects in form or
substance.
WPE:whm
cc: Tom Peterson, Director of Planning
300 LaPorte Avenue • P. O. Box 380 • Fort Collins, CO 80522-0580 • (303) 221-6320
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MARCH & MYATT, P.C. JAN 1 9 11989
ATTORNEYS AND COUNSELORS AT LAW
A RTHUR E. MARCH, JR. 110 EAST OAK STREET ARTHUR E. MARGNi
RD. MYATT FORT COLLINS, COLORADO 80524-2880 ` I?09v9e
ROBERT W. BRANDES, JR. —
ERT
RICHARD S. GAST (303) 482-4322
MAILING ADDRESS:
LUCIA A. LILEY TELECOPIER 4303) 482-2962 � P.O. BOX 469
J. BRADFORD MARCH
FORT COLLINS, CO 80522
LOUISE F. MILLER
J�N
January 19, 1989 77
Ms. Wanda Krajicek
City Clerk
300 LaPorte Avenue
Fort -Collins, CO 80521
RE: Appeal of Planning and Zoning Board Decision
on the 403 South Whitcomb PUD
Dear Wanda:
Our office represents Stephen McGinnis who desires to appeal
to the City Council the January 5th decision of the Planning and
Zoning Board (the "Board") denying a commercial use of his
residence. Mr. McGinnis resides at 403 South Whitcomb, Fort
Collins, Colorado 80524, telephone number 224-2436.
The general grounds for the appeal based on Section 2-48 of
the Fort Collins Code are as follows:
1. Abuse of discretion, in that the decision of
the Planning and Zoning Board was arbitrary and without
the support of competent evidence in the record;
2. Failure to properly interpret and apply
relevant provisions of the Code and Charter; and
3. Failure to conduct a fair hearing in that the
Board or commission exceeded its authority or
jurisdiction as contained in the Code and Charter.
Additional specific information regarding the nature of this
appeal will be sent to Council prior to the hearing.
�';{y A#'orney ✓
Ms. Wanda Krajicek, City Clerk
January 19, 1989
Page 2
It is our understanding that the next Council meeting date
at which this appeal most probably could be heard is February 21,
1989. We would appreciate being notified as soon as possible of
the final appeal date. Thank you.
Sincerely,
MARCH & MYATT, P.C.
By
LAL/mrc
Enclosure: $75.00 appeal fee
pc: Stephen McGinnis
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