5 - Information Items (2)TO: CENTRAL RECORDS
FROM: ~CUt,c../ ~~~~~z,~,c, .~3oa~~
(Name/ Boar Or Commi ' n)
PLEASE add these items to Meeting Packet of:
~T ~~, avo/
(D of Meeting)
We, th~ undersigned, rvish ta state uur support for the West k.nd Tavem in its
efforts 1o maintain the chdracter of'the West End neighbc~rhoad. It is our
understanding tF~at the proposed building at the corner of Ninth and Pearl has
residentiai units as part crf its plzn. We feel this is an inappropriate use and that
combined wiih the proposed heigtri r~f the building wauld do irreparable harm to
the West E.nd by cPtanging #he charaater of the nsighborhnod and the concept of
~tsmmunity that has been createcl k~y many years of hard wn~ic by many people
and smali businesses.
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JOHNSON REPUCCI f3 BERG ~LP
ATTOI{NF.YS ANll COUNSi:i.ORS AT LAW
Gf,ORGF. V. 6F,RG, ~R.
RICHARD A. ~OHNSON
MICHAEL J. RfPUCCI
1401 WALNUT STREET, SUITE 500
BOULDER,COLORADO 80J02
THI.F.PHONE J09-442-1900
TELEFAX ~09-442-0191
wwwjrblawcom
HCIDI C. FLETeMEYER
WM.IKC KRASNIEWICZ
$EPHF.N C. LARSON
HtLAME 6. RESNICK
NP.IL C. KING
KIMBERIX E. LORD
ciovnNNi M. Kuscirri
OF COUNSl'L
July 11, 2001
I~ia Hand Deliverv
City of Boulder
Planning Board
1777 Broadway
Boulder, Colorado 80302
Re: Elimination of Conditional Height Provisions for the RBl-E and RBI-X Zoning Districts set
forth in Section 9-3.2-4, B.R. C., 1981
To the City of Boulder Planning Board:
This firm has been retained to represent the owners of 902 Pearl Street and on their behalf submits this
letter in opposition to the proposed elimination of the conditional height provisions for the RB 1-E and RB 1-X
zoning districts seY forth in Section 9-3.2-4, B.R.C., 1981. As the Agenda documents submitted by the Planning
Department clearly indicate, this change is being recommended as a result of the proposed development of 902
Pearl Street and for no other reason. The change has been all too perfectly timed by planning staff to foreclose
and foresYall the by-right development of the 902 Pearl Street property and to confuse the current site review
application, in response Yo which planning staff has previously atated, "[t]he basic by right solution permitting
three stories within 45' of 50' along Pearl and 70' along 9th Street should generally be met."
While the proposed ordinance change purports to affect all of the RB 1-X and RB-1 E zones, in reality,
and as applied, it appears to affect one property in all of downtown ... 902 Pearl Street. That is because this
proposed change has been initiated in response to the political outcry associated with view blockage from the
West End Tavern, not by sound planning and zoning. As such, the proposed change intentionally and
irrationally discriminates against a single property in the downtown area and illegally down-zones that parcel
for no rational or legitimate zoning purpose. The owners of 902 Pearl Street have been working with their
neighbors as well as planning staff to come up with the best project far the corner of 9th and Pearl Streets.
Despite these good faith efforts, the City has responded with this ordinance change request, attempting to strong-
arm the property owners into a design of the neighbor's choosing, rather than a design of the owners' choosing.
In short, the proposed ordinance change is illegal, inappropriate and an unfortunate turn of events in
what should otherwise be an exciting addition to the downtown Boulder community.
Sincerely,
Heidt C. Fletemeyer
ca Steven Cherner
Terry Willis, AIA