Lawsuit filed against Steamboat city council’s decision to approve Marriott hotel project on Pine Grove
STEAMBOAT SPRINGS — A lawsuit has been filed, but not served, against the city of Steamboat Springs and the developers of a planned Residence Inn by Marriott on Pine Grove Road.
The lawsuit, filed on March 5 by Steven Bloom and Kristine Bensler, seeks to appeal the Steamboat Springs City Council’s decision to the 14th Judicial District Court. City Council, the city and Cypress 16 LLC, the developers, are listed as respondents.
City Attorney Dan Foote said the city has not yet been served, and Cypress 16 Managing Partner Leon Hurley said he did not know anything about the lawsuit.
“There has been a complaint filed relating to your approval of the Marriott Residence Inn project; however, it has not been served on the city, and it was filed almost a month ago, so it’s not clear to me whether they intend to proceed or not,” Foote told the council in its April 2 meeting.
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In a report to City Council, Foote wrote the city will take no action until served.
Calls to Bloom, Bensler and their attorney were not returned as of press time.
The suit includes an affidavit authored by local landscape architect John Lanterman. The affidavit identifies proximity of uses to riparian areas, snow storage, the timeline of the public review process and traffic — including three variances granted for the entrance and exits to the hotel — as issues.
This type of land use appeal is called a Rule 106 challenge, named for its listing in the Colorado Rules of Civil Procedure. A judge is not allowed to consider any new evidence or information in reviewing a Rule 106 decision and is limited to the information that has been put into the record before City Council.
Court documents show Bloom and Bensler have requested that the following items are certified in the court’s record:
- City council packets, video and minutes of council’s Feb. 5 and 12 meetings
- The city’s Community Development Code
- The Planning and Community Development Department’s file on the Marriott application, including a traffic study and reports and recommendations from the city’s technical advisory committee
- Communications between the planning and public works staff and the developer
- Internal city communications on the project
- Communications to, from or among city council members about the project.
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