City of Colorado Springs v. SecurCare Self Storage, Inc.

The Majority concludes that the Colorado Springs Zoning Code appropriately and clearly grants the Planning Commission the "authority to deny a permitted use on the grounds that the use is incompatible with the surrounding area." Maj. op. at 1253. I view the criteria of compatability with the neighborhood to be insufficient grounds for denial of a lawful use. Accordingly, I respectfully disagree.

I

Courts sustain the denial of a zoning application "if there is a lack of evidence to show that certain of the required factors existed, *1254or if the evidence is in dispute as to one or more of these…