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Louisville City Council Meeting <br />October 2, 2001 <br />Page 8 <br /> <br />solely on the initiated ordinance ballot issue. If them is planning criteria or concerns that <br />would legitimately require a continuance to gain additional information, that would be an <br />appropriate action. Attorney Light stated that there is some case law to suggest that <br />imposing a moratorium solely for the purpose of awaiting the potential exercising of <br />immanent domain, would be inappropriate. <br /> <br />Davidson called for Applicant presentation. <br /> <br />Stephen Spare, 1731 15th Street, Boulder, CO 80302, greeted Council and requested <br />approval of the Final PUD and Subdivision Plat for Fischer Farms. Sparn stated that the <br />proposal fully complies with the Annexation Agreement approved by Council. He <br />reported that among the items reviewed and approved by the Planning Commission were <br />minimum lot areas of 18,000 SF, and the land dedication. He stated that Paul Wood <br />detailed the specific requirements they have met on issues concerning grading, fencing, <br />ditch access and maintenance, and setbacks. Sparn noted that the design elements of the <br />proposed homes include wrap-around front porches and side entry garages. He stated <br />that regarding building height, they are requesting relief from the maximum building <br />height of 27' for a maximum of 31 '. The additional height is needed to incorporate a <br />proportional pitch to the roof and remain consistent with the architecture of the homes. <br />Spare added that the second story will be regulated to a maximum of 12% coverage, but <br />will not exceed 75% coverage of the first floor level. Spare indicated on a diagram that <br />only a small portion of the roof will be over the standard 27'. <br /> <br />Sparn stated that as a friend of JoBelle Fischer's, he wished to applaud the motion of the <br />Planning Commission in recommending that the 3.5-acres of land being donated by <br />JoBelle Fischer be named Fischer Park. Sparn stated that he has worked with Mrs. <br />Fischer for two years and applauds the tolerance and patience that she has shown through <br />this process, her generosity to the community, and her generosity in donating 40% of her <br />land for public use. <br /> <br />Ted Hine, 318 South Place, Louisville, CO. speaking on behalf of CAPPOS, Citizens <br />Advocating Preservation of Parks and Open Space, asked Council to delay approval of <br />the PUD until after the November 6th election. He stated that, if the ballot issue fails, <br />Council could approve the PUD immediately after the election and noted that should the <br />issue pass, Council would be saving money by denying the PUD at this time. He <br />continued that if Council approves this request, it is buying eight subdivided lots at a <br />much higher price, and that this is not the first time Council has acted in a manner that <br />would raise the potential price of the Fischer land. <br /> <br />Hine stated that the City Clerk's office took eight days to approve the form of the petition <br />while a 30-day clock was running. While within established legal bounds, Hine stated <br />that his attorney had never seen this process take more than three days. Mr. Hine stated <br />that City foot-dragging on the petition approval has already raised the potential price of <br />the property. <br /> <br />8 <br /> <br /> <br />