HomeMy WebLinkAbout1996-065-05/21/1996-APPEAL FINDINGS HARRINGTON SIENA FINAL PUD RESOLUTION 96-65
OF THE COUNCIL OF TI IE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL FROM A DECISION OF TILE PLANNING AND ZONING BOARD
UPHOLDING THE SIENA FINAL P.U.D.
WHEREAS, on March 6, 1996, the Planning and Zoning Board ("the Board") approved the
Siena Final P.U.D. (the "Project"), with conditions; and
WHEREAS, on March 20, 1996, a Notice of Appeal of the Board's decision was filed with
the City Clerk by Judy Harrington (the "Appellant"), which Notice of Appeal was subsequently
amended and refiled with the City Clerk oil April 11, 1996; and
WHEREAS,on May 7, 1996,the City Council,after notice given in accordance with Chapter
2, Article 11, Division 3, of the City Code, considered said appeal, reviewed the record on appeal and
heard presentations from the appellants and other parties-im-interest and
WHEREAS, Section 2-56 of the City Code provides that no later than the date of its next
regular meeting after the hearing of an appeal, the City Council shall adopt, by resolution, findings
of fact in support of its decision o❑ the appeal.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby makes the following findings and conclusions:
(a) 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;
(b) that the Planning and Zoning Board did not fail to conduct a fair bearing for any of
the reasons staled in the Notice of Appeal;
(c) that the Planning and Zoning Board did not fail to properly interpret and apply the
relevant provisions of the City Code in determining that the Final P.U.D. conforms
to the applicable provisions of the City's Code and Charter; and
Section 2. That, for the foregoing reasons, the Council hereby upholds the decision of
the Planning and Zoning Board approving the Final P.U.D. Plan for the Project, subject to the
following additional conditions:
1. The minimum rear yard setback for homes constructed on Lots 23-43,
inclusive, shall be 30 feet as measured from the rear property line.
2. The backyards of Lots 23-43, inclusive, shall feature two deciduous shade
trees, no less than two inches in caliper, and building foundation shrubs, no
less than five gallon container in size, along the rear of the house. The exact
varieties of such trees and shrubs shall be listed on the P.U.D. Site and
Landscape Plan.
Passed and adopted at a regular meeting of the Cowl j y of Fort CvIkt6s L Id this
21 st day of May, A.D. 1996.
Li c�
Mayor
ATTEST:
UgjCity Clerk
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