HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/15/2003 - RESOLUTION 2003-055 MAKING FINDINGS OF FACT AND CO AGENDA ITEM SUMMARY ITEM NUMBER: 20
DATE: April 15, 2003
FORT COLLINS CITY COUNCIL FROM: Peter Barnes/
Cameron Gloss
SUBJECT :
Resolution 2003-055 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision
of the Zoning Board of Appeals Relating to Administrative Interpretation #5-02 Regarding the
Definition of"Neighborhood".
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On February 13,2003,the Zoning Board of Appeals unanimously upheld written interpretation#5-
02, issued by the Current Planning Director. The Director's interpretation was for the purpose of
determining the "neighborhood" in which the property at 1109 W. Harmony Road is located. On
February 14,2003,a Notice of Appeal regarding the Zoning Board of Appeals decision was filed by
Mark Brophy, owner of the property at 1109 West Harmony Road. In the Notice of Appeal it was
alleged that the Zoning Board of Appeals failed to properly interpret and apply the relevant
provisions of the Land Use Code.
At the April 1, 2003 hearing on this matter,City Council considered the testimony of City staff,the
Appellant, and other parties-in-interest. After discussion at this hearing, Council determined that
the Zoning Board of Appeals properly interpreted and applied the relevant provisions of the Code
in upholding the Current Planning Director's interpretation.
Therefore, Council voted unanimously to uphold the decision of the Zoning Board of Appeals. In
order to complete the record regarding this appeal, Section 2-56(e) of the Code provides that the
Council must adopt a resolution making findings of fact and finalizing its decision on the appeal.
RESOLUTION 2003-055
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE ZONING BOARD OF APPEALS
RELATING TO ADMINISTRATIVE INTERPRETATION#5-02 REGARDING
THE DEFINITION OF "NEIGHBORHOOD"
WHEREAS,on February 13,2003,the City's Zoning Board of Appeals(the"Board")upheld
Administrative Interpretation#5-02 regarding the definition of"neighborhood"(the"Interpretation");
and
WHEREAS,on February 14,2003,a Notice of Appeal of the Board's decision was filed with
the City Clerk by Mark Brophy(the "Appellant"); and
WHEREAS, on April 1, 2003, the City Council, after notice given in accordance with
Chapter 2, Article 11,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,
upheld the decision of the Board; 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 properly interpret and apply the relevant provisions of
the Code in upholding the Interpretation,particularly in light of the fact that Section
4.4(A)of the Land Use Code provides that edges of neighborhoods typically consist
of(among other things)major streets.
3. That, for the foregoing reasons, the decision of the Board approving the project is
hereby upheld.
2003. Passed and adopted at a regular meeting of the City Council held this 15th day of April,A.D.
Mayor
ATTEST:
City Clerk