HomeMy WebLinkAbout2020-117-12/15/2020-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE LANDMARK PRESERVATION COM RESOLUTION 2020-117
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
APPEAL OF THE LANDMARK PRESERVATION COMMISSION'S DETERMINATIONS
OF LANDMARK ELIGIBILITY FOR 724 AND 726 SOUTH COLLEGE AVENUE
WHEREAS, on September 16, 2020, the Landmark Preservation Commission ("LPC")
conducted a de novo public hearing on the appeal of the City staff determination that 724 and 726
South College Avenue(the"Properties")were eligible for Fort Collins landmark designation; and
WHEREAS,the LPC determined that the Properties are eligible for Fort Collins landmark
designation pursuant to City Code Section 14-22,Standards for determining the eligibility of sites,
structures, objects and districts for designation as landmarks or landmark districts, because the
Properties are significant for their design and construction and meet all seven aspects of integrity;
and
WHEREAS, on September 30, 2020, Gannett Properties, LLC, (the "Appellant"), the
owner of the Properties, timely filed a Notice of Appeal with the City Clerk appealing the LPC
eligibility determination pursuant to City Code Sections 2-47 and 14-9; and
WHEREAS, the Notice of Appeal asserted that the LPC failed to properly interpret and
apply City Code Section 14-22; and
WHEREAS,on December 1,2020, 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 December 1, 2020, hearing that the LPC failed to
properly interpret and apply City Code Section 14-22 because the LPC incorrectly determined that
the Properties possess integrity when in Council's determination, the Properties lack sufficient
feeling and association necessary to establish integrity and are, therefore, not eligible for Fort
Collins landmark designation; 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.
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.
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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 December 1, 2020, Council
hearing,the Appellant's allegation that the LPC failed to properly interpret and apply City
Code Section 14-22 has merit.
4. That the December 1, 2020, LPC determination that the Properties are eligible for Fort
Collins landmark designation is hereby overturned and the Properties are not eligible for
Fort Collins landmark designation.
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).
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th
day of December A.D. 2020.
Mayor
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