HomeMy WebLinkAbout2021-036-03/23/2021-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE HEARING OFFICER DECISION RESOLUTION 2021-036
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 APPROVING THE 738 CAMPFIRE
DRIVE EXTRA OCCUPANCY RENTAL HOUSE#FDP 200018
WHEREAS, on December 10, 2020, hearing officer Marcus A. McAskin ("Hearing
Officer") conducted a public hearing to review the Extra Occupancy request for a rental house as
a permitted use for the existing single-family dwelling located at 738 Campfire Drive, Parcel No.
8704305006 (the "Property"); and
WHEREAS, on December 18, 2020, the Hearing Officer issued a written decision
approving the Extra Occupancy request for the Property finding that the homeowner applicant
("Homeowner") had met the requirements of Land Use Code ("LUC") Sections 3.8.16(E)(1), 4.5
(B)(2)(a)(8), 3.8.28(A), 3.2.2(C)(4), and 3.2.2(K)(1)O); and
WHEREAS, on January 4, 2021, Joseph Brown (the "Appellant"), an individual living in
the same neighborhood as the Property who attended the December 10, 2020 Hearing and is a
"party-in-interest" under City Code Section 2-46, filed a Notice of Appeal with the City Clerk
appealing the Hearing Officer approval of the Extra Occupancy; and
WHEREAS, the Notice of Appeal asserted that the Hearing Officer failed to properly
interpret and apply Land Use Code Section 3.2.2(C)(4) as it related to bicycle parking for Extra
Occupancy approval; and
WHEREAS, on March 16, 2021, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, held a public hearing to consider the appeal,
reviewed the record on appeal, received evidence for consideration, and heard presentations from
the Appellant, Homeowner, tenants of the Property 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 10,2020,hearing that the Hearing Officer did properly
interpret and apply Land Use Code Section 3.2.2(C)(4), regarding the number of bicycle parking
spaces and type of bicycle parking required for the Extra Occupancy request; 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 March I6, 2021, Council
hearing, Council found that the Hearing Officer properly interpreted and applied Land Use
Code Section 3.2.2(C)(4)regarding the required number and type of bicycle parking spaces
because:
(a) With respect to the number of bicycle parking spaces, the number of beds
on the Property is three and this means the required number of spaces is
three; and
(b) With respect to the type of the required bicycle parking spaces, the bicycle
parking provided meets the intent and purpose of the Land use Code
requirement by providing all enclosed parking, which meets a higher
standard of parking for the occupants.
4. That the Hearing Officer's decision issued on December 18, 2021, for Extra Occupancy of
the Property is hereby upheld.
5. That based on the evidence in the record and presented at this hearing, the appeal is without
merit and is denied in its entirety.
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 23rd
day of March A.D. 2021.
ayor
ATTEST:
ity Cl FORT
SEAL
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