HomeMy WebLinkAboutSATURN OF FORT COLLINS PUD REFERRAL OF AN ADMINISTRATIVE CHANGE - 34 90A - LEGAL DOCS - APPEAL TO CITY COUNCIL (2)City Attoey
City of Fort Collins
Lucia Liley, Esq.
March & Myatt, P.C.
110 East Oak Street
Fort Collins, CO 80524
Re: Saturn of Fort Collins, P.U.D.
Dear Lucia:
March 17, 1995
This is in response to your letter of March 16, 1995. I appreciate your interest in trying
to streamline the proceedings at the hearing by resolving in advance as many evidentiary issues
as possible. As you probably know, however, the City Code provides in Section 2-56(a) that it
is the Mayor, upon the advice of the City Attorney, who must determine the admissibility of all
evidence at the hearing on appeal. That determination may be overturned by a majority vote of
the members of the Council present at the hearing. Therefore, it is impossible for me to reach an
agreement with you about the admissibility of evidence.
However, I can advise you that Steve Olt, the City planner assigned to this project, has no
objection to the Council's receipt.of the evidence referred to in your letter. (I do question whether
the LDGS guidelines really constitute evidence; instead, they would appear to be part of the Code
provision which Council will be called upon to interpret.)
Even'mi light of Steve's position with regard to the admissibility question, I think we will
have to wait until the hearing to see whether either the Mayor or any of the Councmembers have
any objection to receiving the evidence in question.
Very truly yours,
l / ��
Stephen J. Roy
City Attorney
SJR: meg
cc: Paul Eckman, Deputy City Attorney
Steve Olt, City Planner
300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6520