Title
An appeal of the Planning Commission decision to deny the appeal of the Notice of Violation and Order to Abate for the CSU Wilson Tank Development Plan.
(Quasi-Judicial)
Presenter:
William Gray, Senior Planner, Planning and Neighborhood Services
Peter Wysocki, Director, Planning and Neighborhood Services
Summary:
Owner: City of Colorado Springs
Appellant: Colorado Springs Utilities ("CSU")
Representative: David Padgett, General Manager, CSU - Projects and Programs
Location: 6560 Alabaster Way
The Appellant filed a Notice of Appeal pursuant to Section 7.5.415 (Appeals) on the Planning Commission decision to deny the appeal of the Notice of Violation and Order to Abate for the CSU Wilson Tank Development Plan Major Modification ("Wilson Tank Notice and Order"). The basis for the appeal is that the decision of Planning Commission is erroneous and contrary to the law. More specifically, the Appellant asserts that the Planning Commission decision to uphold the Wilson Tank Notice and Order prevents them from exercising its vested right under the approved building permit for the water storage tank. Section 7.5.503 of the Uniform Development of the City of Colorado Springs ("UDC") states that "[t]he Building Official shall approve an application for Building Permit only upon determining that the application complies with all applicable requirements" and Colorado case law on the reliance of an approved building permit to proceed with construction, both of which support their position that the decision made by the Planning Commission is erroneous and contrary to law (see "Notice of Appeal" attachment).
Background:
The site is located at 6560 Alabaster Way immediately west of Mountain Shadows Filing No. 22, and it is 3.63 acres in size. The property is zoned PF (Public Facilities) with HS-O (Hillside Overlay) and WUI-O (Wildland Urban Interface Overlay). The purpose of the PF zone district is the following:
"The PF zone district is provided for land t...
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