HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2020 - RESOLUTION 2020-098 MAKING FINDINGS OF FACT AND CO Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY October 20, 2020
City Council
STAFF
Clark Mapes, City Planner
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Brad Yatabe, Legal
SUBJECT
Resolution 2020-098 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing
Officer Decision Denying the Modification of Standards Request for 613 South Meldrum Street, MOD 200001.
EXECUTIVE SUMMARY
The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Hearing
Officer decision to deny the 613 South Meldrum Modifications of Standards. The appeal was heard by Council
on October 6, 2020.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On July 1, 2020, an Administrative Hearing Officer considered a request for five related Modifications of
Standards for a Carriage House at 613 South Meldrum Street. On July 15, 2020, the Hearing Officer issued a
written decision denying the Requested Modifications finding that the Requested Modifications were not
detrimental to the public good but that, if granted, the Requested Modifications would not promote the general
purposes of the standards for which the modifications were requested equally well or better than a proposal in
compliance with such standards.
On July 29, 2020, Jeff Palomo and Denise White filed a Notice of Appeal with the City Clerk appealing the
Hearing Officer denial, alleging that the Hearing Officer failed to properly interpret and apply Land Use Code
Sections 4.9(D)(2), 4.9(D)(5), and 4.9(E)(1)(b)2.2 regarding dimensional standards for carriage houses.
On October 6, 2020, Council held a hearing to consider the allegation on appeal. At the hearing after
discussion, Council adopted a motion on a 4-3 vote (Nays: Stephens, Cunniff, Gorgol) that overturned the
Hearing Officer denial of the modifications because the Hearing Officer did not properly interpret and apply
Land Use Code Section 2.8.2(H), Modification Review Procedures, Standards, and the Hearing Officer’s
interpretation of Land Use Code Section 2.8.2(H)(1) did not consider the massing, size, and visual impacts in
the context of the particular location and stated purposes of the Neighborhood Conservation Buffer zone
district.
-1-
RESOLUTION 2020-098
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
APPEAL OF THE HEARING OFFICER DECISION DENYING THE MODIFICATION OF
STANDARDS REQUEST FOR 613 SOUTH MELDRUM STREET, MOD200001
WHEREAS, on July 1, 2020, hearing officer Lori Strand (“Hearing Officer”) conducted a
public hearing to review the stand-alone modification of standards request for five modifications
of standards (“Requested Modifications”) to Land Use Code Sections 4.9(D)(2), 4.9(D)(5), and
4.9(E)(1)(b)2.2., MOD200001; and
WHEREAS, on July 15, 2020, the Hearing Officer issued a written decision denying the
Requested Modifications finding that the Requested Modifications were not detrimental to the
public good but that, if granted, the Requested Modifications would not promote the general
purposes of the standards for which the modifications were requested equally well or better than
a proposal in compliance with such standards; and
WHEREAS, on July 28, 2020, Jeff Palomo and Denise White (collectively the
“Appellant”), the owner of the property subject to the Requested Modifications and an occupant
of the property, respectively, filed a Notice of Appeal with the City Clerk appealing the Hearing
Officer denial of the Requested Modifications; and
WHEREAS, the Notice of Appeal asserted that the Hearing Officer failed to properly
interpret and apply Land Use Code Sections 4.9(D)(2), 4.9(D)(5), and 4.9(E)(2); and
WHEREAS, the reference to Land Use Code Section 4.9(E)(2) is incorrectly cited,
although it is clear which standard is intended, and is corrected to be Section 4.9(E)(1)(b)2.2.;
and
WHEREAS, on October 6, 2020, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered the appeal, reviewed the record on
appeal, received new evidence for consideration, and heard presentations from the Appellant and
City staff; and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the October 6, 2020, hearing that the Hearing Officer did
not properly interpret and apply Land Use Code Section 2.8.2(H), Modification Review
Procedures, Standards, because the Hearing Officer’s interpretation of Land Use Code Section
2.8.2(H)(1) did not consider the massing, size, and visual impacts in the context of the particular
location and the stated purposes of the Neighborhood Conservation Buffer zone district; and
WHEREAS, City Code Section 2-56(c) 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.
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that, pursuant to Section 2-56(c) of the City Code, the City Council hereby
makes and adopts the following findings of fact and conclusions:
1. That the City Council hereby makes and adopts the determinations and findings
contained in the recitals set forth above.
2. That the grounds for appeal stated in the Notice of Appeal conform to the requirements of
Section 2-48 of the City Code.
3. That based on the evidence in the record and presented at the October 6, 2020, Council
hearing, the Appellant’s allegation that the Hearing Officer failed to properly interpret
and apply Land Use Code Section 2.8.2(H)(1) has merit because the Hearing Officer’s
interpretation did not consider the massing, size, and visual impacts in the context of the
particular location and the stated purposes of the Neighborhood Conservation Buffer
zone district.
4. That the Hearing Officer’s decision issued on July 15, 2020, for MOD 200001 is hereby
overturned, and Council finds that when the massing, size, and visual impacts are
considered in the context of the particular location and the stated purposes of the
Neighborhood Conservation Buffer zone district, the Requested Modifications meet the
standards equally well or better than a plan that complies with such standards as required
by Land Use Code Section 2.8.2(H)(1), and the Requested Modifications are therefore
granted.
5. That except as stated in this Resolution, any other issues raised in the Notice of Appeal
are hereby found to be without merit and denied.
6. That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-56(c).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of October A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk