HomeMy WebLinkAbout6.0 Letter from Balcomb Green 04.17.2009EDWARD MULHALL, JR.
Scorn BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORO
CHRISTOPHER L. COYLE
THOMAS J. HARTERT
CHRISTOPHER L. GEIGER
SARA M. DUNN
DANIEL C. WENNOGLE
SCOTT GROSSSCUP
CHAD J. LEE
NICHOLAS B. NELSON
VIA HAND DELIVERY TO:
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. Co. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945,6546
Facsimile: 970.945.9769
www. baIG4mbRreen,corn
April 17, 2009
Fred Janrian, Planning Director
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Dear Fred:
KENNETH BALCOMS
(1920-2005)
OF COUNSEL:
JOHN A. THULSON
Re: Text Amendment to the Aspen Glen PUD to Extend Phasing Schedule
As you are aware, the above - referenced matter is now scheduled for a hearing before the
Board of County Commissioners on Monday, April 20, 2009. I am writing to request a continuance
of that hearing to May 11, 2009.
As you will recall, Debbie Quinn, you and I met on April 8, 2009 to discuss certain legal
issues which arise out of this application, previous approvals for Aspen Glen, and the interplay
between the "old" Garfield County Land Use Code and the Garfield County Unified Land Use
Resolution that went into effect on January 1, 2009, At our meeting, we discussed various options
that might be available to the applicant to address these issues.
Two days after our meeting I had a Lengthy discussion with my client contact concerning Cue
issues and the possible courses of action. However, my contact believed that it was necessary to
discuss this entire matter with principals of the partners of Aspen Glen Golf Company before
instructing me on how the applicant wished to proceed. A meeting of the partners of Aspen Glen
Golf Company was previously scheduled for April 20th, the same day as the day scheduled for the
Board's consideration of the pending application. Thus, I will not have received instruction from my
client prior to the time of the currently scheduled hearing.
1 discussed this situation with you and we agreed that under the circumstances the most
appropriate course of action at this time would be for the applicant to request that the matter be
continued until the next available Board agenda. Hence, this request for a continuance until May 11,
BALCO11m & GREEN, P.C.
ATTORNEYS AT LAW
Fred Jarman, Planning Director
April 17, 2009
Page 2
2009. In advance of that date my client will have been able to fully consider this matter and make its
decision on how it wishes to proceed.
I appreciate the staffs and the Board's understanding and consideration of this request.
Very truly yours,
BALCOMB & GREEN, P.C.
LRG/bc
Encls.
xc: Debbie Quinn, Esq.
John Jordan
Lawrence R. ' Teen