HomeMy WebLinkAbout2023-023-02/21/2023-ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE ISSUE OF WHETHER JAMES SACK HAS STANDRESOLUTION 2023-023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
ISSUE OF WHETHER JAMES SACK HAS STANDING TO APPEAL
THE HISTORIC PRESERVATION COMMISSION’S DECEMBER 14,2022,
DECISION REGARDING 1901 AND 1925 HULL STREET
WHEREAS,on December 14,2022,the Historic Preservation Commission determined
that the properties located at 1901 and 1925 Hull Street were ineligible do be designated as Fort
Collins landmarks (the “Decision”);and
WHEREAS,on December 27,2022,James Sack timely filed an appeal (the “Appeal”)of
the Decision;and
WHEREAS,on this date the City Council,after notice given in accordance with City Code
Section 2-52,held a public hearing (the “Initial Hearing”)pursuant to City Code Section 2-54 to
initially consider whether Mr.Sack meets any of the criteria to be a party-in-interest with standing
to appeal the Decision;and
WHEREAS,at the Initial Hearing the City Council examined evidence and heard
testimony about standing to appeal the Decision pursuant to Municipal Code Sections 2-46 and 2-
48;and
WHEREAS,City Council determined whether Mr.Sack is,under the definition for “party-
in-interest”in Municipal Code Section 2-46,(1)the applicant,(2)a party holding an ownership or
possessory interest in the properties,(3)a person to whom the City mailed notice of the Historic
Preservation Commission’s hearing,(4)a person who provided written comments to the
appropriate City staff for delivery to the Commission before or at the hearing,(5)a person who
appeared before the Commission at the hearing,or (6)a member of City Council;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 an appeal.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that,consistent with the appeals provisions of the Municipal Code,the City Council
hereby makes and adopts the following findings of fact and conclusions:
Section 1.That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2.That,based on the evidence in the record and presented at the Initial
Hearing,the Council finds that James Sack does not have standing to appeal the Decision of the
Historic Preservation Commission,because he does not meet any of the conditions to be
considered a party in interest under Municipal Code Section 2-46.
Section 3.That the Appeal is dismissed.
Section 4.That adoption of this Resolution shall constitute the final action of the City
Council on the Appeal,in accordance with City Code Section 2-56(c).
Passed and adopted at a regular meeting of the Council of the City of Foe ollins this 21st
day of February,2023.1’
ATTEST:
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City Clerk W