On March, 3, representatives of Save Arvada Now presented the Arvada City Council with a draft Complaint and Request for Declaratory and Injunctive Relief. The complaint is based on three issues, explained by SAN member Nancy Young in her comments to the Council.
First, you are violating the State law on eminent domain, which clearly states that land taken MUST be used for a PUBLIC purpose. Arvada intends to transfer land, taken under eminent domain, to the developer of the 5-story, non-conforming rental apartment building for the sole use of the renters as a parking lot – clearly a private purpose!
Second, imagine the citizens’ surprise when a public meeting suddenly became a public hearing regarding destruction of the historic Arvada Masonic Lodge. The invitation to this meeting specifically stated that the meeting was NOT a public hearing. This subterfuge clearly violates the intent and rules governing public hearings.
Third, a “revocable permit for encroachment” on McIlvoy Park is awaiting Council’s final action. This encroachment would make a portion of our park unusable to the public by replacing grass with cement sidewalks for the private use of the renters. Such a permit violates a restrictive covenant contained in Mrs. McIlvoy’s deed: the land is for the use of the public as a park.
To see the complaint, click here. To see Nancy Young’s full comments, click here. Watch Save Arvada Now’s video to see what this five story modern concrete apartment building will look like in Olde Town. And while you are at it, please donate to assist us with our legal costs.