HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2011 - RESOLUTION 2011-035 MAKING FINDINGS OF FACT REGARD DATE: April 19, 2011
STAFF: Ted Shepard • • •
Resolution 2011-035 Making Findings of Fact Regarding the Appeal of the Approval of the 431 East Laurel Street
Project Development Plan, Modification of Standards of Land Use Code Section 4.8(D)(1) (Minimum Lot Size) and
Land Use Code Section 3.22(1<)(1)(a) (Duplex Parking)
EXECUTIVE SUMMARY
On March 1, 2011, an Amended Notice of Appeal was filed regarding the January 12, 2011 decision of the Hearing
Officer to approve, with conditions, the 431 East Laurel Street Replat and Project Development Plan.
On March 22, 2011, City Council voted 3—3 on the motion to overturn the decision of the Hearing Officer. Because
a majority vote was not achieved,the decision of the Hearing Officer stands. In order to complete the record regarding
this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the Appeal.
BACKGROUND / DISCUSSION
The Appellants' Notice of Appeal was based on allegations that the Hearing Officer failed to hold a fair hearing and
failed to properly interpret and apply relevant provisions of the Land Use Code.
At the March 22, 2011 hearing on the matter, Council considered the testimony of City staff, the appellants and the
applicants. In subsequent discussion at this hearing, Council determined that:
• The Hearing Officer held a fair hearing.
• Relevant laws were properly interpreted and applied.
Council voted 3-3 to deny overturning the decision of the Hearing Officer. Because a majority vote was not achieved,
the decision of the Hearing Officer stands.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2011-035
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE
APPROVAL OF THE 431 EAST LAUREL STREET PROJECT DEVELOPMENT
PLAN, MODIFICATION OF STANDARDS OF LAND USE CODE
SECTION 4.8(D)(1) (MINIMUM LOT SIZE) AND LAND USE CODE
SECTION 3.22(K)(1)(a) (DUPLEX PARKING)
WHEREAS, on January 26, 2011, the Administrative Hearing Officer (the "Decision
Maker") approved a Project Development Plan for 431 East Laurel Street (the "Plan") and also
approved two modifications of standards relating to the Plan; and
WHEREAS, on February 9, 2011, a Notice of Appeal of such decisions of the Decision
Maker was filed in the Office of the City Clerk and on February 28, 2011, an Amended Notice of
Appeal of such decisions of the Decision Maker was filed in the Office of the City Clerk; and
WHEREAS,on March 22,2011,after notice given in accordance with Chapter 2,Article II,
Division 3,of the City Code,the City Council considered said appeal,reviewed the record on appeal,
and heard presentations by parties in interest to the appeal; and
WHEREAS, the record on appeal at the hearing did not include a verbatim transcript of the
proceedings before the Decision Maker because of an equipment malfunction during the course of
such proceedings, and instead included detailed minutes of the proceedings; and
WHEREAS, at the outset of the hearing on the appeal, all parties in interest were given an
opportunity to correct such minutes by reciting into the record any evidence or other information that
was presented to the Decision Maker and was not previously contained therein; and
WHEREAS, after discussion,the City Council determined that the Decision Maker did not
fail to conduct a fair hearing in reaching his decision to approve the Plan and the two modifications
of standards relating to the Plan; and
WHEREAS,a motion to overturn these decisions of the Decision Maker on the grounds that
he failed to properly interpret and apply the relevant provisions of the Land Use Code failed to gain
support from a majority of the City Council,and,as a result of that tie vote,the approval of the Plan
and the granting of the two modifications of standards relating to the Plan remain in full force and
effect; and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing on an appeal, the 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 City Council hereby makes the
following findings of fact and conclusions:
1. That sufficient grounds for appeal as stated in the Amended Notice of Appeal
conform to the requirements of Section 2-48 of the City Code to allow for the
City Council to hear the appeal.
2. That the appeal was timely filed.
3. That the unavailability of a verbatim transcript for the appeal hearing before
the City Council did not affect the conduct of the hearing or the adequacy of
the record on appeal since both the appellants and opponents of the appeal
were afforded an opportunity to supplement the record before the City
Council by the addition of any,
information that they believe was not
contained in the detailed minutes provided to the City Council
4. That the Decision Maker conducted a fair hearing on the Plan and
modifications of standards related to the Plan.
5. That, in reaching its decision on the Plan and the related modifications of
standards, the Decision Maker properly interpreted and applied the relevant
provisions of the Land Use Code, including, but not limited to, those
provisions of the Land Use Code pertaining to the granting of modifications
of standards.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of April, A.D. 2011.
Mayor
ATTEST:
City Clerk