Guyutes

[Pete]

Pete, thanks for your summary... My concern, is even if the owners secure an attorney (David Box or some highly qualified attorney), would an attorney be able to do anything that would sway the PC members toward a approval of the ABC2? I am concerned that no matter what they do from this point, that the PC members already have their minds made up. If the owners spent $10K on an attorney and nothing is accomplished, that would be terrible. I realize that nothing is certain even with an attorney, but I wonder what the likelyhood of approval would be after hiring an excellent attorney. Is David Box the best attorney for this type of case? I think that hiring one of the best attorney's that understands this type of case is the best solution for the owners if they want to get this situation resolved. Pete, can you email me - I would like to run an idea by you and get your opinion... Thanks!

I just sent you an email.


It's a good point... It seems the PC has dug in their heels and I seriously doubt given the tone of Janis Powers that she is suddenly going to admit they've been somehow unreasonable.

But at least with an attorney you could draft a SPUD, give some very minor concessions to hours, and let him or her argue the points.

In that way, you will have jumped through their hoop and if they just take the position of "we won't accept late hours", then at least they are pinned downed on that particular point which is easily argued against at City Council.

[MIKELS129]

I just sent you an email.


It's a good point... It seems the PC has dug in their heels and I seriously doubt given the tone of Janis Powers that she is suddenly going to admit they've been somehow unreasonable.

But at least with an attorney you could draft a SPUD, give some very minor concessions to hours, and let him or her argue the points.

In that way, you will have jumped through their hoop and if they just take the position of "we won't accept late hours", then at least they are pinned downed on that particular point which is easily argued against at City Council.

Why don't they just shut down the roof top at a certain hour during the week nites. I don't think they would get a reversal on the hours at city council.

[Paseofreak]

Why don't they just shut down the roof top at a certain hour during the week nites. I don't think they would get a reversal on the hours at city council.

Why should the Planning Commission be able to make them spend the extra money to prepare a SPUD when there are already noise ordinances in place that apply to all their neighbors, competitors and anyone else in the city. Why should the Planning Commission deny them full use of their entire property that their competitors enjoy? Why should the planning commission be able to ignore testing and sound science that shows that the problem is imaginary?

[MIKELS129]

Why should the Planning Commission be able to make them spend the extra money to prepare a SPUD when there are already noise ordinances in place that apply to all their neighbors, competitors and anyone else in the city. Why should the Planning Commission deny them full use of their entire property that their competitors enjoy? Why should the planning commission be able to ignore testing and sound science that shows that the problem is imaginary?

I guess we will agree to disagree. I do not think this area should be defined by ordinances in place for the rest of the city. It is too special. I think the ordinances in this area are too loose and need to be further defined.

if you have ever been involved in re-development in an area you might understand these growth pains.

[Teo9969]

I guess we will agree to disagree. I do not think this area should be defined by ordinances in place for the rest of the city. It is too special. I think the ordinances in this area are too loose and need to be further defined.

if you have ever been involved in re-development in an area you might understand these growth pains.

Fantastic idea.

In the meantime, quit unlawfully demanding, people/businesses to abide by ordinances that are not in effect right now. Especially in an emerging business corridor. It is quite literally a legal liability the city is taking on.

[BoulderSooner]

I guess we will agree to disagree. I do not think this area should be defined by ordinances in place for the rest of the city. It is too special. I think the ordinances in this area are too loose and need to be further defined.

if you have ever been involved in re-development in an area you might understand these growth pains.

There is nothing extra special about this area. And let's be honest parking is your biggest issue. Guess what. Mesta and HH are not gated neighborhoods. And the streets are public. If those neighborhoods want to change the parking. They can apply to get it changed

[BDK]

I just watched the Planning Commission hearing. This is beyond ridiculous. The Planning Commission wouldn't even tell the Guyutes guys what they needed to include in the SPUD when the Guyutes guys asked multiple times. How can the Planning Commission demand that Guyutes apply for a SPUD and only tell the guys that they need to "work with city staff"? Does the Planning Commission not want to go on record with their demands or are they just on a power trip?

[BoulderSooner]

Why don't they just shut down the roof top at a certain hour during the week nites. I don't think they would get a reversal on the hours at city council.

They very likely would

[Paseofreak]

They very likely would

To clarify, they very likely would get a reversal?

[BoulderSooner]

To clarify, they very likely would get a reversal?

Well not a reversal. The planning commission makes recommendations. The city council then decides what to do. And many times they approve what is recommended for denial

And in this case the planning commison is asking for a full rezoning for a simple abc2 restaurant overlay.

Which is not reasonable. And I'm sure given the right argument the council would see that