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Indian Ridge denied again

FRISCO – The Frisco Town Council voted Tuesday to uphold the planning commission’s decision to deny an application for a five-unit, multi-family development on Forest Drive.

Tuesday was the second time Patrick Koentges, general partner of Koenew LLC (the developer of the proposed project), his attorney, David Helmer, and Helmer’s associate Mark Honhart sat before the council while it considered the appeal.

It also was the second time the council agreed to uphold the planning commission decision.



The planning commission voted unanimously to deny the application for the development, known as Indian Ridge, stating it did not meet several town zoning requirements, including snow storage and parking.

Council agreed to uphold that decision at its Sept. 3 meeting but reconsidered the appeal because the developer was not able to attend that meeting, town officials said.



At the Sept. 17 meeting, Koentges and Honhart said the planning commission’s decision was “arbitrary and capricious.” They accused the planning commission and building staff of interpreting town codes to prevent Koenew from developing the site. The council tabled the appeal to review Koentges’ information and consult with legal counsel.

Tuesday’s appeal was mostly a re-enactment of the Sept. 17 appeal. Honhart questioned the town’s interpretation of codes and definitions of terms such as “adjacent.” Koentges reviewed the reasons he believes his application meets the town code.

Both implied the developer would sue the town if the town did not approve the application.

“We are prepared to pursue this as far as we need to pursue this,” Honhart said.

Koentges said he would not resubmit the plan if the council denied his application but would “go to the next step.”

Several council members said they agreed with some of the applicants’ arguments but still believed the application did not meet town code in other areas.

“To me, there are still four to five issues that still have not been met,” said Councilmember Jon Zdechlik.

“We don’t compromise on town codes,” said Councilmember Bernie Zurbriggen.

Frisco Town Manager Alan Briley told council, “You need to make a decision whether you trust your staff. I don’t think that they’re trying to derail this project at all” but rather were conforming to town code.

The town’s attorney, Pat Tisdale, told council the disagreement between the town staff and the applicant was a matter of interpretation and advised council to be consistent in its application of town code.

Zurbriggen made a motion to uphold the planning commission’s decision, and only Mayor Bob Moscatelli opposed the motion. Councilmember Tom Connolly was not present.

The Summit Daily News was unable to reach Helmer for comment regarding the decision.

Lu Snyder can be reached at (970) 668-3998, ext. 203, or lsnyder@summitdaily.com


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