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CONMENTIAL
City of Fort Collins
MEMORANDUM
DATE: October 7, 1991
TO: Wanda Krajicek, City Clerk
,/�
FROM: Steve Roy, City Attorney/p
RE: Notice of Appeal of Steeles Market Signage
Administrative Change
I have reviewed a copy of the notice of appeal filed by the Nash
finch Company and Steeles Market regarding the September 23 , 1991
decision of the Planning and Zoning.
Under Section 2-50 of the City Code, I am required to review the
notice for "any obvious defects in form or substance" within five
working days of the date of filing of the notice of appeal. This
notice of appeal was filed on October 1, 1991, and an amendment was
filed on October 3 , 1991. In my opinion, the filing of the
amendment was permissible under the Code, since both the original
notice of appeal and the amendment were filed within 14 days after
the Board action. Moreover, the Code specifically provides in
Section 2-51 that an amended notice of appeal may be filed by the
appellant at any time prior to the time for mailing by the City
Clerk of the notice of appeal to other parties-in-interest.
In reviewing the notice of appeal and amendment, it is my opinion
that there are no obvious defects in form or substance and that the
notice complies with the requirements of Section 2-49 of the Code.
The notice, as amended, sufficiently identifies the particular
action of the board or commission which is the subject of the
appeal. It also identifies the date of the action, as well as the
name, address, telephone number and relationship of the appellant
to the action. The grounds stated in the appeal are consistent
with those enumerated in Section 2-48 of the Code. Finally, the
notice of appeal contains specific allegations of error and a
summary of the facts contained in the record on appeal which
support those allegations.
While it remains Council's prerogative to ultimately decide whether
the appeal should be heard on its merits, I do not believe there
are any obvious errors or defects of which the appellant should be
notified.
SJR:whm
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