HomeMy WebLinkAbout2020-097-10/20/2020-AUTHORIZING REMOTE QUASI-JUDICIAL HEARINGS FOR CERTAIN APPEALS PURSUANT TO CITY CODE SECTION 2-119(4 RESOLUTION 2020-097
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING REMOTE QUASI-JUDICIAL HEARINGS FOR CERTAIN APPEALS
PURSUANT TO CITY CODE SECTION 2-119(4), TO THE BUILDING REVIEW BOARD
PURSUANT TO ORDINANCE NO. 079, 2020
WHEREAS, in response to the public health emergency resulting from the spread of the
Novel Coronavirus 2019 ("COVID-19"), the City Manager proclaimed a local emergency on
March 13, 2020, and City Council extended such proclamation with its adoption of Resolution
2020-030; and
WHEREAS, to protect Councilmembers, appointed board and commission members,
members of the public, and City staff from COVID-19 while allowing City Council and board and
commission meetings to be conducted, City Council authorized remote participation in meetings
using remote technology by adopting Emergency Ordinance No. 054,2020,which was superseded
by Ordinance No. 061, 2020, which in turn was superseded by Ordinance No. 079, 2020, adopted
on second reading on June 16, 2020; and
WHEREAS, Section 4.13. of Ordinance No. 079, 2020, prohibits certain quasi-judicial
hearings from occurring unless, as stated in Section 8, Council adopts a motion by the affirmative
vote of five members that authorizes an otherwise prohibited quasi-judicial hearing to occur after
finding that(1)the quasi-judicial hearing item is pressing and requires prompt action; and (2)that
the remote technology enabling remote participation will provide sufficient public participation
and input; and
WHEREAS, the prohibited quasi-judicial hearings listed in Section 4.B. of Ordinance No.
079, 2020 include appeals of any decision as such appeals may be authorized under the City of
Fort Collins Municipal Code and Land Use Code, except that variances considered by the Zoning
Board of Appeals ("ZBA")are not prohibited "appeals" subject to this provision.
WHEREAS, Section 8 of Ordinance No. 079, 2020,allows Council to consider exceptions
on a case-by-case basis, as follows:
"Section 8. The Council may,by the affirmative vote of five members on a motion,
authorize additional types of meetings, hearings or proceedings, or individual
matters otherwise not allowed hereunder, to proceed using remote technology,
provided the Council determines that the authorized action is pressing and requires
prompt action and that the remote technology available for the proceeding will
provide sufficient public participation and input called for by the type of meeting,
hearing or proceeding or the individual matter,as applicable, in light of the specific
circumstances."
and;
WHEREAS, currently, an appeal of a decision of the Building Official to deny a request
to waive the exam requirements for a contractor's license to Matt Tschetter of Luxury Homes of
N. CO (the "Pending Appeal Request") is pending; and
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WHEREAS, like variances heard by the ZBA, "appeals" to the Building Review Board
("BRB")pursuant to Code Section 2-119(4)are permitted so that the BRB may allow variances to
the Code requirements in specific cases; and
WHEREAS, in these specific cases, the BRB may grant a variance if a "peculiar or
exceptional hardship"upon the person regulated is found, or the applicant can"demonstrate to the
satisfaction of the Board" that they "possess other qualifications not specifically listed in Chapter
15, Article V,'; and
WHEREAS, while termed an"appeal", what the applicant is requesting in these situations
is termed a"variance"that is beyond of the Building Official's authority to permit; only the BRB
can permit these "variances," from the Code requirements; and
WHEREAS, City Council finds that"appeals"to the BRB arising from City Code Section
2-119(4), including the Pending Appeal Request, require prompt action because they impact the
licensure and continued livelihood of licensed contractors regulated by the City and remote
technology will permit sufficient public participation to provide due process under the United
States and Colorado constitutions; and
WHEREAS, City Council has,after due consideration,determined that all "appeals"to the
BRB arising from City Code Section 2-119(4), including the Pending Appeal Request, should be
heard using remote technology; and
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That all "appeals" to the BRB pursuant to Section 2-119(4) that otherwise
meet the procedural due process requirements of Ordinance No. 079, 2020 are hereby authorized
to be heard by the BRB using remote technology provided that such hearings shall meet the
requirements of Ordinance No. 079, 2020.
Section 2. That the Pending Appeal Request is hereby authorized to be heard by the BRB
using remote technology,provided that such hearing shall meet the requirements of Ordinance No.
079, 2020.
Section 3. That this Resolution is approved for adoption by the affirmative vote of at
least five Councilmembers as required by, and in satisfaction of, Section 8 of Ordinance No. 079,
2020.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of
October, A.D. 2424.
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