HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2020 - RESOLUTION 2020-117 MAKING FINDINGS OF FACT AND CO Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY December 15, 2020
City Council
STAFF
Maren Bzdek, Historic Preservation Planner
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Brad Yatabe, Legal
SUBJECT
Resolution 2020-117 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Landmark
Preservation Commission's Determinations of Landmark Eligibility for 724 and 726 South College Avenue.
EXECUTIVE SUMMARY
The purpose of this item is to make findings of fact and conclusions regarding the appeal of the Landmark
Preservation Commission's Determinations of Landmark Eligibility for 724 and 726 South College Avenue. The
appeal was heard by Council on December 1, 2020. The Council voted to overturn the Commission’s
decision.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On September 16, 2020, the Landmark Preservation Commission (LPC) decided on a 5-1 vote that the
properties at 724 and 726 South College Avenue are eligible for designation as Fort Collins landmarks based
on the requirements in City Code Section 14-22, finding that the two properties demonstrate significance for
their design and construction as vernacular wood dwellings and retain historic integrity in all of the seven
aspects of integrity.
On September 30, 2020, Gannett Properties, LLC, filed a Notice of Appeal with the City Clerk, alleging that the
LPC failed to properly interpret and apply Land Use Code Section 14-22 - Standards for determining the
eligibility of sites, structures, objects, and districts for designation as landmarks or landmark districts.
On December 1, 2020, Council held a hearing to consider the appeal. After discussion, Council adopted a
motion on a 4-3 vote (Nays: Stephens, Cunniff, Gutowsky) that overturned the Landmark Preservation
Commission's decision that the properties are eligible for historic landmark designation because the
Commission failed to properly interpret and apply City Code Section 14-22(a) in finding that 726 and 726 South
College possessed integrity, because the integrity criteria such as feeling and association were not met.
-1-
RESOLUTION 2020-117
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
APPEAL OF THE LANDMARK PRESERVATION COMMISSION’S DETERMINATIONS
OF LANDMARK ELIGIBILITY FOR 724 AND 726 SOUTH COLLEGE AVENUE
WHEREAS, on September 16, 2020, the Landmark Preservation Commission (“LPC”)
conducted a de novo public hearing on the appeal of the City staff determination that 724 and
726 South College Avenue (the “Properties”) were eligible for Fort Collins landmark
designation; and
WHEREAS, the LPC determined that the Properties are eligible for Fort Collins
landmark designation pursuant to City Code Section 14-22, Standards for determining the
eligibility of sites, structures, objects and districts for designation as landmarks or landmark
districts, because the Properties are significant for their design and construction and meet all
seven aspects of integrity; and
WHEREAS, on September 30, 2020, Gannett Properties, LLC, (the “Appellant”), the
owner of the Properties, timely filed a Notice of Appeal with the City Clerk appealing the LPC
eligibility determination pursuant to City Code Sections 2-47 and 14-9; and
WHEREAS, the Notice of Appeal asserted that the LPC failed to properly interpret and
apply City Code Section 14-22; and
WHEREAS, on December 1, 2020, the City Council, after notice given in accordance
with Chapter 2, Article II, Division 3, of the City Code, considered the appeal, reviewed the
record on appeal, received new evidence for consideration, and heard presentations from the
Appellant 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 1, 2020, hearing that the LPC failed to
properly interpret and apply City Code Section 14-22 because the LPC incorrectly determined
that the Properties possess integrity when in Council’s determination, the Properties lack
sufficient feeling and association necessary to establish integrity and are, therefore, not eligible
for Fort Collins landmark designation; 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, findings
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.
-2-
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 December 1, 2020, Council
hearing, the Appellant’s allegation that the LPC failed to properly interpret and apply
City Code Section 14-22 has merit.
4. That the December 1, 2020, LPC determination that the Properties are eligible for Fort
Collins landmark designation is hereby overturned and the Properties are not eligible for
Fort Collins landmark designation.
5. That except as stated in this Resolution, any other issues raised in the Notice of Appeal
are hereby found to be without merit and denied.
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
15th day of December A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk