HomeMy WebLinkAbout2020-098-11/20/2020-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE HEARING OFFICER DECISIONr r
RESOLUTION 2020-098
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 DENYING THE MODIFICATION OF
STANDARDS REQUEST FOR 613 SOUTH MELDRUM STREET,MOD200001
WHEREAS,on July 1,2020,hearing officer Lori Strand (“Hearing Officer”)conducted a
public hearing to review the stand-alone modification of standards request for five modifications
of standards (“Requested Modifications”)to Land Use Code Sections 4.9(D)(2),4.9(D)(5),and
4.9(E)(1)(b)2.2.,MOD200001;and
WHEREAS,on July 15,2020,the Hearing Officer issued a written decision denying the
Requested Modifications finding that the Requested Modifications were not detrimental to the
public good but that,if granted,the Requested Modifications would not promote the general
purposes of the standards for which the modifications were requested equally well or better than a
proposal in compliance with such standards;and
WHEREAS,on July 28,2020,Jeff Palomo and Denise White (collectively the
“Appellant”),the owner of the property subject to the Requested Modifications and an occupant
of the property,respectively,filed a Notice of Appeal with the City Clerk appealing the Hearing
Officer denial of the Requested Modifications;and
WHEREAS,the Notice of Appeal asserted that the Hearing Officer failed to properly
interpret and apply Land Use Code Sections 4.9(D)(2),4.9(D)(5),and 4.9(E)(2);and
WHEREAS,the reference to Land Use Code Section 4.9(E)(2)is incorrectly cited,
although it is clear which standard is intended,and is corrected to be Section 4.9(E)(l)(b)2.2.;and
WHEREAS,on October 6,2020,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 October 6,2020,hearing that the Hearing Officer did not properly
interpret and apply Land Use Code Section 2.8.2(H),Modification Review Procedures,Standards,
because the Hearing Officer’s interpretation of Land Use Code Section 2.8.2(H)(1)did not
consider the massing,size,and visual impacts in the context of the particular location and the
stated purposes of the Neighborhood Conservation Buffer zone district;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.
C
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 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 October 6,2020,Council
hearing,the Appellant’s allegation that the Hearing Officer failed to properly interpret and
apply Land Use Code Section 2.8.2(H)(1)has merit because the Hearing Officer’s
interpretation did not consider the massing,size,and visual impacts in the context of the
particular location and the stated purposes of the Neighborhood Conservation Buffer zone
district.
4.That the Hearing Officer’s decision issued on July 15,2020,for MOD 200001 is hereby
overturned,and Council finds that when the massing,size,and visual impacts are
considered in the context of the particular location and the stated purposes of the
Neighborhood Conservation Buffer zone district,the Requested Modifications meet the
standards equally well or better than a plan that complies with such standards as required
by Land Use Code Section 2.8.2(H)(I),and the Requested Modifications are therefore
granted.
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).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th
day of October A.D.2020.
AflEST:
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Mayor
City Clerk