HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/02/2000 - RESOLUTION 2000-64 MAKING FINDINGS OF FACT AND CON FDATE:
: 16
AGENDA ITEM SUMMARY May 2, 2000
FORT COLLINS CITY COUNCIL Felix Lee
SUBJECT:
Resolution 2000-64 Making Findings of Fact and Conclusions Regarding the Appeal of a
Decision of the Building Review Board Relating to Huntington Hills Filing No. 7 (BRB #1-00).
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On April 18, 2000, the City Council voted unanimously to uphold the Building Review Board's
decision denying Bob Campbell's variance request that would have allowed a single licensed
structural framing contractor to oversee numerous non-licensed framing subcontractors building
the structural frame and sheathing for the appellant's proposed multiple-dwelling-unit project.
This Resolution makes findings of fact and conclusions to complete the record and to finalize its
decision in this case.
BACKGROUND:
On February 24, 2000, the Building Review Board (BRB) denied the appellant, Andover Fossil
Creek, L.L.C., a variance from the provisions in Chapter 15 of the City Code that require a
contractor license to perform building construction in the City. The appellant sought a waiver to
allow using a single licensed structural framing contractor to oversee numerous non-licensed
framing subcontractors that would build the structural frame and sheathing for all the buildings in
the appellant's proposed multiple-dwelling-unit project. The BRB is authorized to approve
variances in specific cases where strict application of the contractor license regulations would
result in "peculiar or exceptional practical difficulties to or exceptional or undue hardship upon
the person or applicant regulated . . ." The BRB unanimously denied the request finding that the
appellant did not demonstrate such exceptional difficulties or hardship.
The appellant subsequently filed a Notice of Appeal to City Council alleging the Building Review
Board failed to conduct a fair hearing in that it considered evidence relevant to its findings which
was "substantially false or grossly misleading". At its April 18, 2000, hearing on the appeal, after
considering testimony from staff, the appellant, and other witnesses, City Council unanimously
upheld the Building Review Board's earlier decision to deny the variance request. City Council
found that the Board had not failed to conduct a fair hearing and that the evidence presented to
the Board was not "substantially false or grossly misleading".
RESOLUTION 2000-64
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE BUILDING REVIEW BOARD
RELATING TO HUNTINGTON HILLS FILING NO. 7 (BRB #1-00)
WHEREAS, on February 24, 2000,the City Building Review Board (the "Board") denied
the variance request of Bob Campbell/Andover Fossil Creek, L.L.C., regarding the City Code
framing contractor license requirements as applied to the Huntington Hills Filing No. 7 (the
"Project"); and
WHEREAS, on March 8, 2000, a Notice of Appeal of the Board's decision was filed with
the City Clerk by Bob Campbell/Andover Fossil Creek,L.L.C.,(the"Appellant"),and on March 28,
2000, an Amended Notice of Appeal was filed with the City Clerk by the Appellant; and
WHEREAS, on April 18, 2000, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3,of the City Code, considered said appeal, reviewed the record on
appeal, heard presentations from the Appellant and other parties in interest and, after discussion,
decided to uphold the Board's decision; and
WHEREAS,City Code Section 2-56(e)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 City Code Section 2-56(e), the Council hereby makes the following
findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Board did not fail to conduct a fair hearing by considering evidence
relevant to its findings which was substantially false or grossly misleading.
3. That the Council specifically finds that the evidence alleged by the Appellant to
be substantially false or grossly misleading was, at most, a poor comparison to
the Appellant's project but would not qualify as being "substantially" false or
"grossly" misleading, nor was such testimony materially relied upon by the
Building Review Board in making its decision.
4. Accordingly, the Council hereby upholds the Board's decision denying the
requested variance for Huntington Hills Filing No. 7 (BRB #1-00).
Passed and adopted at a regular meeting of the City Council held this 2nd day of May,A.D.
2000.
Mayor
ATTEST:
City Clerk