Jim Pavlik has filed a lawsuit in Routt County District Court against the city of Steamboat Springs, the Steamboat Springs City Council and Gerenscer LLC, the company owned by Clear Water Studios developer Ben Spiegel.
The City Council approved a final development plan Tuesday for Spiegel to build as many as six 2,500-square-foot, two-floor units in each of three buildings on a site that includes land identified for protection as wetlands by the U.S. Army Corps of Engineers when Steamboat annexed the property in 2005. Council members previously overturned the Planning Commission’s denial of Spiegel’s preliminary plat request that would convert his two lots into three at the Betterview Business Park on 13th Street. Pavlik owns Precision Sharpening & Repair service in the business park and wasn’t allowed to build on the wetlands.
The lawsuit challenges the City Council’s approval of that preliminary plat. It alleges that the approval allows destruction of wetlands in violation of the Steamboat Springs Area Community Plan and the city’s Community Development Code. The lawsuit accuses the city of violating a requirement of the annexation of the business park that set aside portions of the property for wetlands.
It also states that the city has given its oversight of wetland destruction to the Army Corps of Engineers even though the Community Plan indicates that the federal regulations are inadequate.
“I don’t want money from the city,” Pavlik said. “I want my subdivision back. I want the one I signed onto.”
The case is scheduled for review in court Dec. 7.