Board hears Walmart appeal, delays decision


The parking lot lights at Walmart’s new store in Pagosa Springs were discussed in detail during a board of adjustments’ appeal hearing conducted Tuesday night, but, in the end, the board decided to delay making a ruling until it could conduct further investigation.

Joseph Lubinski, an attorney from Ballard Spahr LLP, and Tasha Bolivar, the site development coordinator from the architecture firm Galloway, were on hand to contest a final ruling by Town Planner James Dickhoff. Town Attorney Bob Cole participated via speakerphone in the hearing, which lasted more than four and a half hours.

“I do want to recognize that we have had a very good working relationship,” Dickhoff began. “These folks are very professional and we have had nothing but great experiences with the Walmart team. … My determination is in no way a reflection on their professionalism.”

Dickhoff then went into a detailed description of all the documents he had provided to the board in their packet, as well as a history of the design review and permitting process Walmart has gone through so far, ending with a description of the numerous inspections he has conducted since site construction ended.

In essence, Dickhoff argued that the parking lot lighting at Walmart doesn’t comply with the town’s Land Use and Development Code for two reasons.

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