HomeMy WebLinkAboutCOLLINSHAUS PUD NOTICE OF APPEAL 5.1.90 CITY COUNCIL HEARING - 6 90 - CORRESPONDENCE - APPEAL TO CITY COUNCILNotice of Appeal to the City Council
Of the City of Fort Collins
I. FICTION BEING APPEALED
Denial by the Fort Collins Planning and Zoning Board of the preliminary and final
Planned Unit Development Plan the Collinshaus P.U.D. Case No. 6-90.
H. DATE OF ACTION
March 26, 1990.
lIL NAME, ADDRESS AND TELEPHONE NUMBER AND RELATIONSHIP
OF THE APPELLANT
Appellants are Steve Schreiner, 401 East Swallow Road, Fort Collins, CO 80525
and Kelley Lee Schreiner, 401 East Swallow Road, Fort. Collins, CO 80525; telephone
number 226-2-277. Appellants were the applicants before the Planning and Zoning Board
and are the lessees, contract purchasers, and operators of the group home at the above
address.
IV. GROUNDS FOR APPEAL
1. The Planning and Zoning Board committed the following errors by denying
this application:
a. ABUSE OF DISCRETION. The Collinshaus Group Home was approved,
in 1983 for 12 fulltime occupants; 10 "residents" and 2 "live-in" managers. The Planning
and Zoning Board made an irrational and unreasonable distinction between "residents"
and "live-in" managers. The total occupancy of the home remains the same. The
Planning staff recommended approval. No land use impacts were identified by changing
two permanent occupants to "residents" from "live-in" managers. No evidence will be
found in the record identifying adverse impacts under the Fort Collins Zoning Code, the
Fort Collins Planned Unit Development ordinances, and under the land development
guidance system. The denial is based only upon the unreasonable belief of some members
of the Planning and Zoning Board that "elderly residents" create neighborhood or land use
impacts or problems different than "live-in" managers.
2. The Planning and Zoning Board failed to properly interpret, apply and
violated the following provisions of the Fort Collins City Code:
a. VIOLATION OF CHAPTER 13-16 THROUGH 13-25. This is the Fort
Collins Human Relations and Anti Discrimination Ordinance. The Fort Collins Planning
and Zoning Board decision makes an irrational, discriminatory and unfounded distinction
between elderly "residents" of this home and "live-in" managers. The elderly residents of
the home are those who may not find it prudent to live alone, however, do not require
full time, expensive institutional care. To this extent, these residents qualify under the
Human Relations Code as disabled under that code. While the Fort Collins Human
Relations Code does not prohibit housing discrimination against elderly, it does prohibit
housing discrimination against disabled. Collinshaus is approved for 12 fulltime
occupants. There is no rational basis to justify the Planning and Zoning Board's assumed
problems with elderly people and its distinction between "residents" and "live-in"
.managers.
b. PLANNING AND ZONING BOARD MISINTERPRETED AND
its Chairman, specifically referenced this project under the Planned Unit Development
Procedure and the Land Development Guidance System as being a way to "circumvent"
the group home zoning ordinance. The Land Development Guidance System does not
"circumvent" anything. Proceeding through the Land Development Guidance System is a
valid and alternative procedure, adopted by this council, and is a distinct and separate
path toward approval of the use in question. The expressed concern by the Chairman of
the Planning and Zoning Board of "circumvention" shows a clear and unmistakable.
misapplication, misunderstanding and misinterpretation of the intent and purposes of the.
Land Development Guidance System.
C.
THE FORT COL
ET
residents. This is a valid, nonconforming use. Changing the description of two
permanent occupants from "live-in" managers to "residents" is of no Planning Zoning
Land Use, or Planned Unit Development significance. This change does not trigger any
land use decisions or review. This change is not in violation of any provision of the Fort
Collins City Code and therefore Planning and Zoning approval is unnecessary.
Dated this 6th day of April, 1990.
HARDEN, SCH 4T, HASS & Z,IER, P.C.
r�
By:
._-George H. Hass, Reg. No. 897
Ninth Floor, First Tower Bldg.
P.O. BOX 1606
Fort Collins, CO 80522
Telephone: 482-7777
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