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HomeMy WebLinkAbout2000-063-05/02/2000-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE BUILDING REVIEW BO RESOLUTION 2000-63 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE BUILDING REVIEW BOARD RELATING TO HUNTINGTON HILLS FILING NO. 7 (BRB #1-00) WHEREAS, on February 24, 2000, the City Building Review Board (the "Board") denied the variance request of Bob Campbell/Andover Fossil Creek, L.L.C., regarding the City Code framing contractor license requirements as applied to the Huntington Hills Filing No. 7 (the "Project"); and WHEREAS, on March 8, 2000, a Notice of Appeal of the Board's decision was filed with the City Clerk by Bob Campbell/Andover Fossil Creek,L.L.C.,(the"Appellant"),and on March 28, 2000, an Amended Notice of Appeal was filed with the City Clerk by the Appellant; and WHEREAS, on April 18, 2000, 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, decided to uphold the Board's decision; 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 Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 2. That the Board did not fail to conduct a fair hearing by considering evidence relevant to its findings which was substantially false or grossly misleading. 3. That the Council specifically finds that the evidence alleged by the Appellant to be substantially false or grossly misleading was, at most, a poor comparison to the Appellant's project but would not qualify as being "substantially" false or "grossly" misleading, nor was such testimony materially relied upon by the Building Review Board in making its decision. 4. Accordingly, the Council hereby upholds the Board's decision denying the requested variance for Huntington Hills Filing No. 7 (BRB #1-00). Passed and adopted at a regular meeting of the City Council held this 2nd day of May,A.D. 2000. F Mayor ATTEST: City Clerk