HomeMy WebLinkAboutItem 3.3 - SupplementalNicole Horvitz
From: Frank Dietrich [
Sent: Wednesday, June 06, 2007 9:01 PM
To: Debbie Pedro RECEIVED
Cc: Nicole Horvitz
Subject: public hearing: 3.3. Lands of Killian & Lee
JUN U 7 2007
Dear Debbie Pedro, 100 OF Los A005HU-S
We kindly request that you cancel tomorrow's hearing of the agenda item 3.3. Lands of
Killian & Lee and reschedule it at a later time because of the following:
a) Sec. 10-2.1305. Applications: Action and hearings.
(c)The Planning Commission shall review all site development applications for projects
meeting the definitions in Section 10-2.301(c). The Commission may issue a permit with
such reasonable conditions as it deems necessary to achieve the purposes of this chapter or
the Planning Commission may disapprove the application for site development.
No permit for site development shall be granted by the Commission without a hearing having
first been held thereon. Notice of the time and place of the hearing shall be posted in at least
three (3) public posting places and posted on the property adjacent to a public street or from
any access road or way to property not having public frontage. Notices of such hearings shall
also be served by United States mail to the owner of the subject property, or the owner's
authorized representative, to the project applicant and to each property owner whose
property is within five hundred (500') feet of the exterior boundary of the property, using
addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the
Town may require these addresses to be obtained from records of the County Assessor or
Tax Collector which contain more recent information than the assessment roll. All required
names and addresses shall be provided by the applicant or his representative at the time the
site development permit application is filed. Such posting and mailing shall be completed at
least ten (10) days prior to the date of the hearing.
The notice shall state the purpose of the application, the time and place of the hearing
thereon, and a statement that all written and oral statements will be considered by the
Planning Commission.
We have only received written notice of the planned meeting on Thursday, May 31, less than
the required 10 days.
There has never been a posted site development sign on the property
b) When we inquired at the Town Hall to review the submitted plans, we found the files to be
incomplete. For instance: The Topological Map referred to on the site development plan was
not available when we visited the Town Hall on Monday, June 4 or Wednesday June 6. It was
only sent to us later on Wednesday, June 6, one day ahead of the meeting.
Also, the fact that the applicant had conducted grading activities without permits during the
moratorium resulting in our complaints had not been included in the file. Neither was the fact
that the applicant had continued grading activities a second time even after having been red -
tagged after the first violation of the town's regulations.
We request that the communication with the planning department regarding these matters be
included in the applicant's file and in the report to the Planning Commission.
c) The applicant has never staked out the proposed position of the new drive way as was
required by us by the Planning Department of the Town, when we applied for a new drive
way recently. We would appreciate if the same criteria are applied to all applicants prior to
considering their application.
Finally, we request that Planning Commissioner Eric Clow recuse himself from any
deliberation or voting on this project to prevent any potential conflict of interest.
The existing, old drive way served its purpose probably more than 50 years which is why we
feel no particular rush to change the situation based on incomplete data.
We do appreciate your consideration,
Sincerely,
Frank Dietrich & Zsuzsanna Molnar
Frank Dietrich