HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/21/2013 - RESOLUTION 2013-046 MAKING FINDINGS OF FACT AND CODATE: May 21, 2013
STAFF: Jason Holland
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 17
SUBJECT
Resolution 2013-046 Making Findings of Fact and Conclusions Regarding the Appeal of the February 25, 2013
Administrative Hearing Officer Approval of the 621 South Meldrum Street Project Development Plan.
EXECUTIVE SUMMARY
On February 13, 2013, an Administrative Hearing was held to consider approval of the 621 South Meldrum Street
Project Development Plan and Modification of Standard to Section 3.2.2(J). The Hearing Officer issued a written
decision on February 25, 2013 to approve the proposed Project Development Plan and Modification of Standard, with
two conditions. On March 19, 2013, an Amended Notice of Appeal was filed by Alan, Eric and Walter Skowron.
On May 7, 2013, City Council voted 7 - 0 to uphold the decision of the Hearing Officer, concluding that the evidence
presented did not indicate the Hearing Officer failed to conduct a fair hearing either by considering evidence relevant
to the Hearing Officer’s findings which was substantially false or grossly misleading or by failing to receive all relevant
evidence offered by the Appellants.
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 Appellant’s Notice of Appeal was based on allegations that the Hearing Officer failed to conduct a fair hearing
because evidence which was substantially false and grossly misleading and that the Hearing Officer failed to receive
all relevant evidence offered by the appellant.
At the May 7, 2013 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 did not fail to
conduct a fair hearing.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2013-046
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING THE APPEAL OF THE FEBRUARY 25, 2013
ADMINISTRATIVE HEARING OFFICER APPROVAL OF THE
621 SOUTH MELDRUM STREET PROJECT DEVELOPMENT PLAN
WHEREAS, on February 25, 2013, the City's Administrative Hearing Officer (the "Hearing
Officer") approved a project development plan for the project known as 621 South Meldrum Street
Project Development Plan (the “PDP”); and
WHEREAS, on March 6, 2013, a Notice of Appeal of the Hearing Officer's decision was
filed with the City Clerk by Eric Skowron (the "Appellant"); and
WHEREAS, on March 19, 2013, an Amended Notice of Appeal was filed with the City Clerk
by Eric, Walter and Alan Skowron; and
WHEREAS, on May 7, 2013, the City Council, after notice given in accordance with Chapter
2, Article II, Division 3, of the City Code, considered said amended appeal, reviewed the record on
appeal, heard presentations from the Appellant and other parties-in-interest and, after discussion,
upheld the decision of the Hearing Officer; and
WHEREAS, City Code Section 2-57(g) provides that no later than the date of its 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 2-57(g) of the City Code, the City Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Hearing Officer conducted a fair hearing in approving the PDP, and
did not consider evidence relevant to her findings which was substantially
false or grossly misleading nor did she fail to receive all relevant evidence
offered by the Appellant.
3. That accordingly, the decision of the Hearing Officer is upheld.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of May A.D. 2013.
Mayor
ATTEST:
City Clerk