Kiauzer & TREMAINE, LLC 520 Lincoln Avenue # BO Box 774525 ‘Steamboat Springs, CO 80477-4525 (970) 879-5003 DISTRICT COURT, ROUTT COUNTY, COLORADO, Routt County Combined Court 1955 Shield Drive Unit 200 ‘Steamboat Springs, CO 80487 (970) 879-5020 Petitioner: KENNETH L. MANLEY Respondents: CITY COUNCIL FOR THE CITY OF ACOURT USE STEAMBOAT SPRINGS; CITY OF STEAMBOAT SPRINGS, | ONLY A and 1125 LINCOLN, LLC, A COLORADO LIMITED LIABILITY COMPANY J Richard Tremaine KLAUZER & TREMAINE, LLC Case Number: 16CV_ 320 Lincoln Avenue, 2nd Floor, P.O, Box 774525 ‘Steamboat Springs, CO 80477-4525 (070) 879-5003, enail: ich@ktlaw.com Fax: (970) 879-1131 Atty. Reg. #17695 COMPLAINT Comes Now the Petitioner, Kenneth Manley, and for his C.R.C.P. Rule 106 Complaint against the Respondents herein states as follows: 1. The Petitioner is Kenneth Manley, a resident of Steamboat Springs, Colorado. 2. ‘The Respondent, City of Steamboat Springs, is a home rule government in the State of Colorado, with police power (including zoning and planning) authority, for those areas within the City limits, including specifically downtown Steamboat Springs. Petitioner’s complaint is against the City’s failure to follow its own rules and its approval of a massive project in an atca where its codes prohibit such, 3. The Respondent, 1125 Lincoln, LILC, was the applicant/proposed developer (“Developet”) for an application for a development permit and for a preliminary subdivision plat approval, submitted to the City of Steamboat Springs. Petitioner makes no claim against this Respondent and has included this Respondent in this proceeding only because Colorado ease law seems to indicate that this Respondent is a necessaty patty to this type of proceeding.(70) 879-5005 320 Lincoln Avenve * PO Box 734525 ‘Seeamboss Springs, CO 80477-4525, Kiauzer & TREMAINE, ILC 4, Developer's application to the City included DPF-15-08, and sought approval of a massive building at the west end of downtown Steamboat Springs, which includes 5 levels of construction and would cover 2 latge portion of a full city block. 5, Developer also sought approval of a preliminary plat, PP-15-06, secking to combine properties into a parcel larger than permitted by City regulations. Collectively, the Developer's request for a massive building and an oversize lot are referred to herein as the “Project.” 6. The proposed Project was submitted to the City of Steamboat Springs for review by its staff, its Planning Commission and its City Council 7. ‘The proposed Project did not conform to the requirements of the zoning district under which it is classified. Fot example the CO (Commercial Old Town) zoning district establishes ‘maximum FAR (density) of 2.0. The Project sought approval for a FAR of 3.44— neatly a doubling of the maximum density under the regulations. 8 The proposed Project improperly sought numerous, extensive “variances” for the Project. 9. Objections were made on the secord to the size of the project and to the nature and extent of the variances requested, by public officials, by neighboring property owners, and by the Petitioner who owned neatby property in the Waterside development. 10. ‘The City Council failed to follow its own codes and guidelines in its approval of the Project on Aptil 26, 2016. The City Council failed to make any findings of “unnecessaty hardship.” 11, ‘The City Council failed to follow the Colorado law related to zoning, subdivision and variance procedures. 12. ‘The City Council was arbitrary and capricious and it abused its discretion in approving the Project. WHEREFORE, the Petitioner respectfully requests that this Court determine: ‘A. That the City Council's approval of the project was arbitrary and capricious and unreasonable; and B. That the City Council abused its discretion in its approval of the Project; and C. That the City’s approval of the Project was improper under the law and under the codes of the City; its approval should be reversed and that the City be enjoined from any further approvals which would allow constraction of the Project. D. To award such other relief as is requested by the Petitioner in conjunction with this proceeding,Kiauzir & TREMAINE, LLC 320 Lincoln Avenue © PO Bax 774525 ob day of May, 2016. Respectfully submitted this rings, CO 80477-4525, (970) 879-5003 E\Monieipal\ Manley Ken 160106\Pleadings\16-05.20.Compeint/jw Sceambose