HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2000 - RESOLUTION 2000-19 MAKING FINDINGS OF FACT AND CON AGENDA ITEM SUMMARY ITEM NUMBER: 21
DATE: January 18, 2000
• FORT COLLINS CITY COUNCIL STAFF:
Felix Lee
SUBJECT:
Resolution 2000-19 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the
Building Review Board Relating to the Latimer County Detention Center Expansion.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On January 4, 2000,the City Council voted unanimously to overturn the Building Review Board's decision
denying the variance request by Larimer County to apply commercial and industrial building code standards
to guardrails in the Latimer County Detention Center Expansion Project at 2405 Midpoint Drive. The City
Council should adopt a resolution making findings of fact and conclusions to complete the record and to
finalize its decision in this case.
BACKGROUND:
At its October 28, 1999,meeting,the Building Review Board(BRB)denied Larimer County a variance from
certain safety standards contained in the City Building Code as they apply to second level walkway guardrails
in the inmate residential areas of the new Latimer County Detention Center Expansion.The nearly completed
Detention Facility was begun in mid-1998. Administrative areas are approved for occupancy and the
remainder of project is undergoing completion.
The provisions of the UINFORMBUILDING CODE(UBC), adopted in both the City and Larimer County
at the time of construction and currently,prohibit intermediate openings in guardrails that allow a sphere 4-
inches and larger to pass through them, except in "non-public areas of commercial and industrial-type
occupancies". After the new facility was well underway,the applicant unsuccessfully requested a variance
from the Building&Zoning Directorto allowthe 12-inch commercial-industrial exception to the general rule.
Subsequently,the applicant appealed to the BRB to allow the commercial-industrial exception. The BRB
denied the appeal by unanimous vote, finding that the Building Official's interpretation of the code was
correct and that the applicant failed to provide an acceptable alternate design or method.
Following its unsuccessful bid before the BRB,Larimer County then appealed the matter to City Council on
January 4, 2000. Council considered the security of the facility relative to inmate visibility balanced with
inmate safety concerns and concluded that the guardrail spacing proposed by Larimer County was appropriate,
given that no small children would ever be housed in the Detention Center. In order to approve the request,
City Council found that the BRB"failed to properly interpret and apply relevant provisions of the Code"(the
UBC adopted by reference in this case) and unanimously voted to overturn the BRB's earlier ruling.
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. RESOLUTION 2000 -19
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 THE LARIMER COUNTY DETENTION CENTER EXPANSION
WHEREAS,on October 28, 1999,the City Building Review Board(the`Board")denied the
variance request of Larimer County regarding the City Building Code which specifies certain
guardrail safety standards relative to the Larimer County Detention Center Expansion Project at 2405
Midpoint Drive (the "Project"); and
WHEREAS, on November 10, 1999, a Notice of Appeal of the Board's decision was filed
with the City Clerk by Latimer County (the"Appellant"); and
WHEREAS, on January 4, 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 overturn 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. 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. The Board failed to properly interpret and apply the relevant provisions of the
City Code and Charter in denying the Project.
3. The Council specifically finds that the proposal of the Appellant of a guardrail
designed such that a twelve-inch sphere could not pass through it, as has been
installed in the Larimer County Detention Center Expansion, is an alternate
design that,given the nature of the use of the Larimer County Detention Center,
is equivalent to the design prescribed by the City's Building Code in protecting
the safety of both the public and the inmates and employees sought to be
protected by the guardrail.
4. Accordingly, the Council hereby overturns the Board's decision denying the
. Project and approves the alternate design proposal as presented by the Appellant.
Passed and adopted at a regular meeting of the City Council held this 18th day of January,
A.D. 2000.
Mayor
ATTEST:
City Clerk
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