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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2012 - RESOLUTION 2012-108 MAKING FINDINGS OF FACT AND CODATE: November 20, 2012 STAFF: Peter Barnes AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 25 SUBJECT Resolution 2012-108 Making Findings of Fact and Conclusions Regarding the Appeal of the Decision of the Zoning Board of Appeals Relating to the Approval of a Variance to Allow the Existing Off-premise Sign (Billboard) in the BNSF Railroad Right-of-Way at 190 West Prospect Road to Be Removed and Reinstalled at a New Location Within the Same Railroad Right-of-way at 190 West Prospect Road. EXECUTIVE SUMMARY On August 9, 2012, the Zoning Board of Appeals (ZBA) approved a variance to allow the existing off-premise sign in the BNSF Railroad right of way on the north side of West Prospect Road to be relocated within the railroad right of way 70 feet west of its current location. On August 23, 2012, Richard L. Anderson filed a Notice of Appeal, alleging that the ZBA failed to conduct a fair hearing and failed to properly interpret and apply relevant provisions of the Land Use Code. On November 6, 2012, City Council, by a vote of 5 - 2 (Nays: Manvel, Poppaw) determined that the ZBA did conduct a fair hearing, and by a 7 - 0 vote determined that the ZBA failed to properly interpret and apply the relevant provisions of the Land Use Code. The determination that the ZBA failed to properly interpret and apply the relevant provisions of the Land Use Code resulted in the City Council overturning the decision of the ZBA to approve Appeal No. 2714. In order to finalize this appeal process, Council is required to adopt a Resolution making findings of fact and finalizing it decision on the Appeal. BACKGROUND / DISCUSSION The Appellant’s Notice of Appeal was based on allegations that the ZBA failed to conduct a fair hearing in that the Board considered evidence relevant to its findings which was grossly misleading, the Board substantially ignored its previously established rules of procedure, and the Board exceeded its authority and jurisdiction. The Appellant also alleged that the Board failed to properly interpret and apply relevant provisions of the Land Use Code. At the November 6, 2012 hearing on the matter, Council considered the testimony of City staff, the applicant, the appellant, and other parties in interest. After consideration of the record and discussion, City Council determined that the ZBA did conduct a fair hearing. After further consideration and discussion, City Council determined that the ZBA did not properly interpret and apply the relevant provisions of Section 2.10.2(H) of the Land Use Code, and found instead that relocating the off-premise sign would be detrimental to the public good because the City has established in its sign code a policy that new off-premise signs should not be allowed, and that the relocation of the sign would, in effect, increase the presence of off-premise signs in the City because it would allow the owner to establish a two- sided sign while the existing sign is displaying one sign only on the west side of the sign structure. By determining that the ZBA failed to properly interpret and apply relevant provisions of the Land Use Code, City Council overturned the decision of the ZBA to approve the relocation of the off-premise sign at 190 West Prospect Road. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2012-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE DECISION OF THE ZONING BOARD OF APPEALS RELATING TO THE APPROVAL OF A VARIANCE TO ALLOW THE EXISTING OFF-PREMISE SIGN (BILLBOARD) IN THE BNSF RAILROAD RIGHT-OF-WAY AT 190 WEST PROSPECT ROAD TO BE REMOVED AND REINSTALLED AT A NEW LOCATION WITHIN THE SAME RAILROAD RIGHT-OF-WAY AT 190 WEST PROSPECT ROAD WHEREAS, on August 9, 2012, the Zoning Board of Appeals (the “Board”) approved a variance to allow the existing off-premise sign (billboard) located in the BNSF railroad right-of-way at 190 West Prospect Road to be removed and reinstalled at a new location within the same railroad right-of-way at 190 West Prospect Road (the “Project”); and WHEREAS, on August 23, 2012, a Notice of Appeal of the Board’s decision was filed with the City Clerk by Richard L. Anderson (the “Appellant”); and WHEREAS, on November 6, 2012, 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 Appellant and other parties in interest and, after discussion, overturned 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 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 conduct a fair hearing. 3. That the Board failed to properly interpret and apply the Land Use Code in the granting of the variance because the Board based its decision, in part, upon its finding that the granting of the variance would not be detrimental to the public good when, in fact, the granting of the variance would be detrimental to the public good. 4. That the granting of the variance would be detrimental to the public good because: a. the City has established in its sign code a policy that newly erected off-premise signs should be prohibited because they generate negative impacts on the aesthetics of the City, including visual clutter, and also exacerbate traffic safety risks; and b. the relocation of the billboard would increase the presence of off- premise signage in the City, contrary to the foregoing policy, since the relocation would enable a sign that has historically been used as a one-sided sign to instead be used as a two-sided sign. Passed and adopted at a regular meeting of the City Council held this 20th day of November, A.D. 2012. Mayor Pro Tem ATTEST: City Clerk 2