HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/23/2021 - RESOLUTION 2021-036 MAKING FINDINGS OF FACT AND CO Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY March 23, 2021
City Council
STAFF
Will Lindsey, Associate Planner
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Claire Havelda, Legal
SUBJECT
Resolution 2021-036 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing
Officer Decision Approving the 738 Campfire Drive Extra Occupancy Rental House #FDP 200018.
EXECUTIVE SUMMARY
The purpose of this item is to make Findings of Fact and Conclusions regarding the Appea l of the Hearing
Officer decision to approve the 738 Campfire Drive Extra Occupancy Rental House combined Project/Final
Development Plan. The appeal was heard by Council on March 16, 2021.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On December 18, 2020, the Administrative Hearing Officer approved the 738 Campfire Drive Extra Occupancy
Rental House combined Project/Final Development Plan (PDP/FDP). On January 4, 2021, a community
member filed an appeal with the following allegations:
• That the Hearing Officer failed to properly interpret and apply Land Use Code (LUC) Section 3.2.2(C)(4)(b)
regarding the number and type of required bicycle parking spaces.
• The Appellant alleges the Hearing Officer’s Decis ion approving the project did not require the number of
bicycle parking spaces required by the LUC and that the type of bicycle parking spaces approved do not
meet the LUC definition of fixed bicycle parking spaces.
On March 16, 2021, Council considered the appeal allegations and testimony from parties in interest. Council
discussed all specific assertions of the appeal. Council denied the appeal while also finding the Administrative
Hearing Officer did properly interpret Land Use Code Section 3.2.2(C)(4)(b) regarding the number and type of
required bicycle parking spaces.
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RESOLUTION 2021-036
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
APPEAL OF THE HEARING OFFICER DECISION APPROVING THE 738 CAMPFIRE
DRIVE EXTRA OCCUPANCY RENTAL HOUSE #FDP 200018
WHEREAS, on December 10, 2020, hearing officer Marcus A. McAskin (“Hearing
Officer”) conducted a public hearing to review the Extra Occupancy request for a rental house as
a permitted use for the existing single-family dwelling located at 738 Campfire Drive, Parcel No.
8704305006 (the “Property”); and
WHEREAS, on December 18, 2020, the Hearing Officer issued a written decision
approving the Extra Occupancy request for the Property finding that the homeowner applicant
(“Homeowner”) had met the requirements of Land Use Code (“LUC”) Sections 3.8.16(E)(1), 4.5
(B)(2)(a)(8), 3.8.28(A), 3.2.2(C)(4), and 3.2.2(K)(1)(j); and
WHEREAS, on January 4, 2021, Joseph Brown (the “Appellant”), an individual living in
the same neighborhood as the Property who attended the December 10, 2020 Hearing and is a
“party-in-interest” under City Code Section 2-46, filed a Notice of Appeal with the City Clerk
appealing the Hearing Officer approval of the Extra Occupancy; and
WHEREAS, the Notice of Appeal asserted that the Hearing Officer failed to properly
interpret and apply Land Use Code Section 3.2.2(C)(4) as it related to bicycle parking for Extra
Occupancy approval; and
WHEREAS, on March 16, 2021, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, held a public hearing to consider the appeal,
reviewed the record on appeal, received evidence for consideration, and heard presentations from
the Appellant, Homeowner, tenants of the Property and City staff; and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the December 10, 2020, hearing that the Hearing Officer
did properly interpret and apply Land Use Code Section 3.2.2(C)(4), regarding the number of
bicycle parking spaces and type of bicycle parking required for the Extra Occupancy request; and
WHEREAS, City Code Section 2-56(c) provides that no later than the date of its next
regular meeting after the hearing of an appeal, City Council shall adopt, by resolution, fin dings
of fact in support of its decision on the Appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that, pursuant to Section 2-56(c) of the City Code, the City Council hereby
makes and adopts the following findings of fact and conclusions:
1. That the City Council hereby makes and adopts the determinations and findings
contained in the recitals set forth above.
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2. That the grounds for appeal stated in the Notice of Appeal conform to the requirements of
Section 2-48 of the City Code.
3. That based on the evidence in the record and presented at the March 16, 2021, Council
hearing, Council found that the Hearing Officer properly interpreted and applied Land
Use Code Section 3.2.2(C)(4) regarding the required number and type of bicycle parking
spaces because:
(a) With respect to the number of bicycle parking spaces, the number of beds
on the Property is three and this means the required number of spaces is
three; and
(b) With respect to the type of the required bicycle parking spaces, the
bicycle parking provided meets the intent and purpose of the Land use
Code requirement by providing all enclosed parking, which meets a
higher standard of parking for the occupants.
4. That the Hearing Officer’s decision issued on December 18, 2021, for Extra Occupancy
of the Property is hereby upheld.
5. That based on the evidence in the record and presented at this hearing, the appeal is
without merit and is denied in its entirety.
6. That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-56(c).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
23rd day of March A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk