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HomeMy WebLinkAbout2008-128-12/16/2008-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL BY RANDY WHITMAN OF THE OCTOBER 16, RESOLUTION 2008-128 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL BY RANDY WHITMAN OF THE OCTOBER 16, 2008, DETERMINATION OF THE PLANNING AND ZONING BOARD TO DENY THE WHITMAN STORAGE FACILITY- ADDITION OF PERMITTED USE WHEREAS, on October 16, 2008, the City's Planning and Zoning Board (the `Board") denied a request for the addition of a permitted use of Whitman Storage Facility - Addition of a Permitted use Project#11-08B (hereafter, the "Project"); and WHEREAS, on November 5, 2008, an Amended Notice of Appeal of the Board's decision was filed with the City Clerk by Randy Whitman (the "Appellant"); and WHEREAS, on December 2,2008,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, after discussion, upheld 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 Section 2-56(e) 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 Board did not fail to properly interpret and apply the relevant provisions of the Land Use Code in denying the Project. 3. That, for the foregoing reason, the decision of the Board denying Project is upheld. Passed and adopted at a regular meeting of tAMayor f e City of Fort Collins d this 16th day of December, A.D. 2008. ATTEST: City Clerk