HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2005 - RESOLUTION 2005-003 MAKING FINDINGS OF FACT AND CO ITEM NUMBER: 20
AGENDA ITEM SUMMARY DATE: January 18, 2005
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Resolution 2005-003 Making Findings of Fact and Conclusions Pertaining to the Appeal of the
November 1, 2004, Determination of the Administrative Hearing Officer Regarding the Adrian
Subdivision, First Filing, Project Development Plan.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
On December 1, 2004, an appeal of the November 1, 2004 decision of the Administrative
Hearing Officer to approve the Adrian Subdivision, First Filing - Project Development Plan was
filed by the Appellants Dr. Steven L. Schaeffer and Ms. Sandy Knox.
On January 4, 2005, City Council voted to uphold the decision of the Administrative Hearing
Officer. 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:
1. Relevant laws were not properly interpreted and applied.
(A) Division 4.3 RL - Low Density Residential District, Sections (D)(1) and
(D)(2). (D)(1) states that "the minimum lot area shall not be less than six
thousand (6,000) square feet". (D)(2) states that "the minimum lot width
shall be sixty (60) feet for a single-family dwelling".
(B) Division 3.2.3(E)(2) Solar Access, Orientation, Shading - Alternative
Compliance states that "the decision maker shall take into account
whether the alternative design fosters nonvehicular access".
(C) Division 3.3.1(13)(1) states that "no lot in a subdivision shall have less area
than required under the applicable zoning requirements of the city".
January 18, 2005 -2- Item No. 20
(D) Division 3.3.1(B)(2) states that "the general layout of lots, roads,
driveways, utilities, drainage facilities and other services within the
proposed development shall be designed in a way that enhances an
interconnected street system within and between neighborhoods and
otherwise accomplishes the purposes and intent of the Land Use Code".
(E) Division 3.3.3(C) states that "any lands that are subject to high
groundwater shall not be platted for building lots with basements".
(F) Division 3.6.2(L)(1)(a) states that "a private drive shall not be permitted if
it prevents or diminishes compliance with any other provisions of the
Land Use Code".
(G) Division 3.6.2(L)(1)(b) states that "a private drive, instead of a street, shall
be allowed to provide access to an unusually shaped parcel of land".
At the January 4, 2005 hearing on this matter, Council considered the testimony of City staff, the
Appellants, and the opponents to the appeal and determined that the Administrative Hearing
Officer did properly interpret and apply all relevant laws.
City Council upheld the decision of the Administrative Hearing Officer.
RESOLUTION 2005-003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE NOVEMBER 1, 2004, DETERMINATION OF THE
ADMINISTRATIVE HEARING OFFICER REGARDING THE ADRIAN SUBDIVISION,
FIRST FILING PROJECT DEVELOPMENT PLAN
WHEREAS,on November 1,2004,the City's Administrative Hearing Officer(the"Decision
Maker") approved the Adrian Subdivision, First Filing Project Development Plan; and
WHEREAS, on November 15, 2004, a Notice of Appeal of the Decision Maker's decision
was filed with the City Clerk by Dr. Steven L. Schaeffer and Ms. Sandy Knox (the "Appellants");
and
WHEREAS, on December 1, 2004, an Amended Notice of Appeal of the Decision Maker's
decision was filed with the City Clerk by the Appellants; and
WHEREAS, on January 4, 2005, the City Council, after notice given in accordance with
Chapter 2, Article H, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal, heard presentations from the Appellants and, after discussion, upheld the decision of the
Decision Maker; 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 Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellants' Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Decision Maker did not fail to properly interpret and apply the
relevant provisions of the Land Use Code in approving the Adrian
Subdivision, First Filing Project Development Plan.
3. That,for the foregoing reason,the decision of the Decision Maker approving
the Adrian Subdivision, First Filing Project Development Plan is upheld.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
18th day of January, A.D. 2005.
Mayor
ATTEST:
City Clerk