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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