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<br />Wo()dlandPark Ute Pass Courier: July 19, 2006 -Page 3a
<br />Circulation: 3;a25
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<br />Dirt continues to move by heavy machinery at the Wtft-Ma,t site III Woodland Park.
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<br />Wal-Mart appeals dismissed
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<br />By NOl'ma':engelberg
<br />. Woodland Park resident RQy Dlckover
<br />Is ready to. thro.w in the to.welafter the
<br />Woodland Park Board of Adjustment dls-
<br />niis~$ed his appeals of theWal-Mart per-
<br />rq~ing process. .
<br />:::"Unless someone carnes forward
<br />....
<br />w,l!h $20,000 sa I can appeal this dec!-
<br />siQu, this Is It," hesaid, "I wasn't sur~
<br />p~ed at the autcome but at least 1 was
<br />he).rd. CIty Councll dIdn't listen to. me
<br />bu'fthls board did."
<br />t. '
<br />;' At the regular board of adjustment
<br />rr(eeting July 17, Waadland Park city at-
<br />torney Charles Nortan asked the board
<br />to dismiss the two. cases right off the
<br />bat, arguing that D1ckaver didn't meet
<br />tlie requirements to. appeal the city's de-
<br />c'sians an permits. He had no. standing
<br />bec:,ause he was nat an aggrieved par-
<br />tJ and he didn't file his appeal within
<br />the.lO day appeal time anawed by city
<br />cade when appealing the issuance af a
<br />permit.
<br />~. Nartan said Dickaveralsowasask-
<br />ing~he baard of adjustment to rule an
<br />.remedies beyond its scope. The board
<br />caq't stay work on the WaJ.Mart site,re-
<br />"like permits ar reimburse Dickaver:s
<br />appeal fees - $300 far the two. cases.
<br />"It doesn't have administrative sorts
<br />af pawers, ,. Nor tan said.
<br />Board members insteaddeclded to.
<br />h~ all the evidence on the two cases
<br />thfJibjng~~gNl~t,9If!deYniAiQ,lkPr "jilJ;ea,s
<br />~llJ
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<br />adjacent to special floQd hazard areas n
<br />and who gets to decide what "adjacent"
<br />means.
<br />Three limited zone development per-
<br />mits for work an the Wal.Mart site were
<br />Issued In March, April and May. Dlckover
<br />contends that these permits were Issued
<br />illegally and that no wark on the site was
<br />to. be done until the flood hazard de.
<br />velopment permIt was Issued for wark
<br />In and adjacent to Fountain Creek.
<br />City officials said the permits were
<br />legal as long as work taok place outside
<br />the rlo4dhazard area and areas adja-
<br />cent to It.
<br />Dlckaver sald the adjacent area was
<br />the entire lat, but the city sald the area
<br />adjacent to. the ftoodhazard area was
<br />detenntned by city engineer David Buttery
<br />and dldo't include the entire warkslte.
<br />After hearing haurs of testimony
<br />fram city staff. the city attorney, Wal.
<br />Mart's attarney and engineer and far-
<br />the-record readings from titles 18 and
<br />20 af the city code by just abaut every-
<br />bady, along with numerous apportuni.
<br />ties far Dickaver to rebut testlmany, the
<br />board vate unanimously to dismiss.
<br />Board member Karen Scholtz said
<br />shecauldn't see that Dickaver wauld
<br />have a hardship if Wal.Mart Is allowed
<br />to praceed,
<br />"If anything, not allowIng Wal-Mart
<br />to build creates a hardship for peaple
<br />nolJ~~, fort~i.!~~, ~.Mr.);lJ~yp~:'a~bttG
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<br />said, adding, "I dan't appreciate being
<br />used as a last-ditch effort to stop Wal-
<br />Mart. "
<br />Dlckover said his appeal wasn't about
<br />Wal.Mart. [n fact he was sorryWal-Mart
<br />even had to send someone to. the board
<br />af adjustment meeting,
<br />"]t Isn't Wal-Mart, It's the city," he
<br />said. "Ifs a shame the city can bend or
<br />break Its own rules."
<br />To the end af the meeting, Dlckover
<br />never agreed that Buttery had the rIght
<br />to determine what areas are adjacent to
<br />special flood hazard areas.
<br />"The code says the city manager or
<br />his designated representative can de.
<br />termlne what areas are speclalfloodhaz-
<br />ard areas but it doesn't say anything
<br />abaut determining what areas are adja-
<br />cent," he saId.
<br />"FEMA (Federal Emergency
<br />Management Agency) says a communi-
<br />ty afflcial is responsible far determin-
<br />ing that," said planning directar Jae
<br />Napoleon. "FEMA reviewed aur program
<br />and made a site visit. They were aware
<br />grading was galng on and didn't say any.
<br />thIng."
<br />The Qood hazard permit was issued
<br />July 14. The caunty has to Issue its per-
<br />mits and there will be a pre-construc-
<br />tian meeting amang aU the contractors
<br />July 27, said city manager Mark Fitzgerald.
<br />Major construction should begin in
<br />Aug\lst, he s_ald. ,..." v ;!;
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