HomeMy WebLinkAbout2002-052-05/21/2002-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEA RESOLUTION 2002-052
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEARING OFFICER
RELATING TO THE PINNACLE TOWNHOMES PROJECT DEVELOPMENT PLAN
WHEREAS,on February 27,2002,the City's Administrative Hearing Officer(the"Hearing
Officer") approved the Pinnacle Townhomes Project Development Plan (the "Project"); and
WHEREAS, on March 13, 2002, a Notice of Appeal of the Hearing Officer's decision was
filed with the City Clerk by Charles A.P.Smith and Joan Schubart et. al., (the"Appellants"),and an
Amended Notice of Appeal was filed by the Appellants with the City Clerk on April 2, 2002 (the
"Amended Notice of Appeal"); and
WHEREAS,on May 7,2002,the City Council,after notice given in accordance with Chapter
2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on appeal,
heard presentations from the Appellant and other parties in interest and,after discussion,considered
two separate motions regarding the outcome of the appeal,neither of which motions gained support
by a majority of the Councilmembers present and voting; and
WHEREAS,City Code Section 2-56(e)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 City Code Section 2-56(e), the Council hereby makes the following
findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Council, at the time of the hearing on the appeal,was composed of six
members, one member having recused himself, and that the Council reached a
tie vote as to the outcome of the appeal.
3. That the legal effect of a tie vote, as explained by the City Attorney to the
Council at the time of the hearing, is that the Hearing Officer's decision is not
changed, as requested by the Appellants, with the technical and practical result
that the Hearing Officer's decision still stands and becomes the final decision of
the City with regard to the Project.
2002. Passed and adopted at a regular meeting of the City Council held this 21 st day of May,A.D.
Mayor
ATTEST:
I-AL
City Clerk/N;�"c
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