HomeMy WebLinkAbout2024-140-12/03/2024-ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY COUNCIL'S DECISION OVERTURNING THE HISTORIC PRESERVRESOLUTION 2024-140
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY
COUNCIL'S DECISION OVERTURNING THE HISTORIC
PRESERVATION COMMISSION DENIAL OF A CERTIFICATE OF
APPROPRIATENESS TO REPLACE UPPER STORY WINDOWS
ON THE FORT COLLINS LANDMARK AT 201 LINDEN STREET
A.On July 17, 2024, and August 21, 2024, the Historic Preservation
Commission ("Commission") conducted a design review hearing pursuant to City Code
Section 14-54 and denied a certificate of appropriateness to replace all the second- and
third-story windows on the Fort Collins historic landmark at 201 Linden Street (also known
as the Linden Hotel) with either a metal clad or wooden prefabricated window product.
B.On April 30, 2024, the owner of 201 Linden Street ("Appellant") filed a notice
of appeal ("Appeal") of the August 21, 2024, Commission decision, requesting the City
Council to overturn the Commission's denial and issue a certificate of appropriateness to
replace the windows, alleging:
i.The Commission failed on five grounds to conduct a fair hearing,
because the Commission: exceeded its authority or jurisdiction, ignored its
previously established rules of procedure, considered evidence relevant to
his findings that was substantially false or grossly misleading, improperly
failed lo receive all relevant evidence offered by the Appellant, and was
biased against the Appellant; and
ii.The Commission failed to properly interpret and apply sections of the
Building Code, City Code Section 14-2 establishing the purpose of the City's
historic preservation program, the U.S. Secretary of the Interior's Standards
for the Treatment of Historic Properties (adopted under City Code 14-53 for
application to the City's historic preservation matters including design
review considerations), and the Old Town Historic District Design
Standards.
C.On November 19, 2024, the City Council, after notice given in accordance
with City Code Section 2-52, held a public hearing ("Hearing") pursuant to City Code
Section 2-54 to consider the allegations raised in the Appeal.
D.Al the Hearing the Appellant and the Appellant's counsel and window expert
appeared and addressed Council, arguing in favor of the Appeal.
E.In deciding the Appeal allegations at the Hearing, the City Council
considered the record on appeal under City Code Section 2-51, presentation by City staff
under City Code Section 2-54(a)(1 ), and statements and arguments by the Appellant and
Appellant's window expert under City Code Section 2-54(a)(4). On the record during the
course of the Hearing City Council provided rationale for its determinations.
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F.The City Council determined the Commission conducted a fair hearing and
that the Appellant did not establish with competent evidence in the record that any of the
fair hearing allegations had merit. The Council denied and dismissed the Appellant's five
fair hearing allegations.
G.The City Council overturned the Commission's denial of a certificate of
appropriateness, because the Commission did not properly interpret and apply the U.S.
Secretary of the Interior's Standards for the Treatment of Historic Properties and the Old
Town Historic District Design Standards. The City Council issued a certificate of
appropriateness to replace the second-and third-story windows on the Fort Collins
historic landmark at 201 Linden Street with the condition that the replacement windows
must be an in-kind, wood, not metal-clad replacement.
H.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.
In light of the foregoing recitals, which the City Council hereby makes and adopts
as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The August 21, 2024, Commission decision denying a certificate of
appropriateness to replace all the second-and third-story windows on the Fort Collins
historic landmark at 201 Linden Street is overturned.
Section 2. Appellant is issued a certificate of appropriateness to replace the
second-and third-story windows on the Fort Collins historic landmark at 201 Linden Street
with the condition that the replacement windows must be an in-kind, wood, not metal-clad
window replacement.
Section 3. Any other issues raised in the Appeal are without merit and are
denied and dismissed.
Section 4. The adoption of this Resolution constitutes the final action of the City
Council in accordance with City·Code Section 2-56(c).
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