HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/01/2000 - RESOLUTION 2000-27 MAKING FINDINGS OF FACT AND CON AGENDA ITEM SUMMARY ITEM NUMBER: 18
DATE: February 1. 2000
• FORT COLLINS CITY COUNCIL STAFF
• Stephen Olt
SUBJECT :
Resolution 2000-27 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision
of the Planning and Zoning Board Relating to the Maxi-Stuff Storage Request for Modification of
Standards.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On December 14, 1999,a Notice of Appeal of the November 18, 1999 decision of the Planning and
Zoning Board to deny the Modification of Standards in Section 4.23(E)(2)(b) and Section
4.23(E)(3)(a)2 of the Land Use Code for the Maxi-Stuff Storage, 1640 Riverside Avenue was filed
by the Appellants Tom Smith and Clayton Schwerin.•
On January 18,2000,City Council voted to overturn the decision of the Planning and Zoning Board.
In order to complete the record regarding this appeal,the Council should adopt a Resolution making
findings of fact and finalizing its decision on the appeal.
BACKGROUND:
The Appellants' Notice of Appeal was based on the allegation that:
The Planning and Zoning Board failed to properly interpret and apply relevant provisions of
the Code and Charter.
At the January 18,2000 hearing on this matter, Council considered the testimony of City staff and
the Appellants. In subsequent discussion at this hearing,Council determined that the Planning and
Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter.
Council voted to overturn the decision of the Planning and Zoning Board.
RESOLUTION 2000-27
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE MAXI-STUFF STORAGE REQUEST
FOR MODIFICATION OF STANDARDS
WHEREAS, on November 18, 1999, the City Planning and Zoning Board (the "Board")
denied a modification request regarding a modification of the standards contained in Sections
4.23(E)(2)(b) and 4.23(E)(3)(a)(2) of the Land Use Code; and
WHEREAS, on November 24, 1999, a Notice of Appeal of the Board's decision was filed
with the City Clerk by William Strickfaden, and an Amended Notice of Appeal was filed with the
City Clerk by Tom Smith and Clayton Schwerin (the "Appellants") on December 14, 1999 (the
"Amended Notice of Appeal"); and
WHEREAS, on January 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 Appellants and other parties in interest and, after discussion,
decided to overturn the decision of the Planning and Zoning Board and to approve the requested
modification of the standards set forth in Section 4.23(E)(2)(b) and Section 4.23(E)(3)(a)(2) of the
• Land Use Code for the Maxi-Stuff Storage project at 1640 Riverside Avenue, upon condition that
the alternative plans as submitted by the Applicants to the Planning and Zoning Board be
substantially followed in future development applications; 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 failed to properly interpret and apply the relevant provisions of
the City Code and Charter, specifically the provisions of the City's Land Use
Code regarding the modification of the standards set forth in Section
4.23(E)(2)(b)and Section 4.23(E)(3)(a)(2)of the Land Use Code for the Maxi-
Stuff Storage project at 1640 Riverside Avenue.
3. That the granting of said modifications would neither be detrimental to the public good
. nor impair the intent and purposes of the Land Use Code,and the plan as submitted will
advance or protect the public interests and purposes of the standard for which the
modification is requested equally well or better than would a plan which complies with
the standard for which the modifications were requested,for the reasons that were stated
in the staff report to the Planning and Zoning Board.
4. That the City Council hereby requires the following as a condition of approval of said
modifications of standards:
The alternative plans as submitted by the Applicants to the Planning and Zoning
Board shall be substantially followed in future development applications.
Passed and adopted at a regular meeting of the City Council held this 1 st day of February,
A.D. 2000.
Mayor
ATTEST:
City Clerk