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HomeMy WebLinkAbout2022-102-10/04/2022-ADOPTING THE FINDINGS OF FACT SUPPORTING THE HISTORIC PRESERVATION COMMISSION'S DETERMINATION THAT 1RESOLUTION 2022-102 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING FINDINGS OFF ACT SUPPORTING THE HISTORIC PRESERVATION COMMISSION'S DETERMINATION THAT 1802 NORTH COLLEGE AVENUE WAS ELIGIBLE FOR LANDMARK DESIGNATION AND DENYING THE LANDOWNER'S APPEAL WHEREAS, on July 20, 2022, the Fort Collins Historic Preservation Commission (the "HPC") conducted a public hearing to review the Landmark Eligibility determination of 1802 North College Avenue (the "Property); and WHEREAS, during this appeal hearing, the HPC upheld the City Staff determination that the Property was eligible to be considered for landmark designation pursuant to City Code Section 14-22; and WHEREAS, pursuant to City Code Sections 2-48 and 2-49, the Appeal was filed timely, and the Appellant-Landowner is a party-in-interest eligible to file an appeal; and WHEREAS, the Appeal alleged that the HPC failed to conduct a fair hearing because they considered evidence relevant to their findings that was substantially false or grossly misleading; and WHEREAS, the Appeal further alleged that the HPC failed to properly interpret and apply City Code Section 14-22 (and further cited to Section 14-23 which describes the procedure for submitting an appeal -and was not further discussed in the Appellant's arguments on appeal); and WHEREAS, on September 20, 2022, the City Council, after notice was given in accordance with City Code Section 2-52, held a public hearing pursuant to City Code Section 2-54 to consider the allegations raised in the Appeal, at which hearing the City Council considered the record on appeal, statements concerning physical characteristics of the subject property obtained by Councilmembers during the site inspection, and testimony from City Staff, the Appellant's representative, and parties-in-interest who opposed the Appeal; and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the Council hearing on September 20, 2022, that the HPC did not fail to conduct a fair hearing as alleged by Appellant; and WHEREAS, the City Council further found and concluded based on the evidence in the record and presented at the City Council hearing on September 20, 2022, that the HPC properly interpreted and applied City Code Section 14-22(a) regarding the significance of the Property because it related to an "individual" (Mr. Frank Perez) and "significant events" in history, including: 1) Mexican immigration to Fort Collins following World War II; 2) establishment of businesses reflecting Mexican foodways; and 3) a small immigrant business owner building a community space during a time in history rife with racial prejudice; and WHEREAS, the City Council further found and concluded based on the evidence in the record and presented at the City Council hearing on September 20, 2022, that the HPC properly interpreted and applied City Code Section 14-22(b) as it relates to the integrity of the Property because it retains historic integrity based on its appearance when compared with the 1976 Assessor's Appraisal card photograph and accurately reflects the humble nature of a Mexican family-owned restaurant; 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 such 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. 2. That, based on the evidence in the record and presented at the City Council Hearing on September 20, 2022, the HPC did not fail to conduct a fair hearing, because they did not consider evidence relevant to their findings that was substantially false or grossly misleading. 3. That, based on the evidence in the record and presented at the City Council hearing on September 20, 2022, the Council finds that the HPC properly interpreted and applied City Code Section 14-22 for the reasons set forth in the recitals above. 4. That, based on the evidence in the record and presented at the hearing on September 20, 2022, the Appeal is without merit and is denied in its entirety. 5. 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 4th day of October, A.D. 2022. a -=r--...,.:.._ __ ___;~-------- / ATTEST: