HomeMy WebLinkAbout1993-123-08/17/1993-APPEAL BASSINGER FINDINGS LINDIMER SUBDIVISION PLANNING AND ZONING BOARD TIDD RESOLUTION 93-123
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL FROM A DECISION OF THE PLANNING AND ZONING
BOARD RELATING TO THE LINDIMER PRELIMINARY SUBDIVISION
WHEREAS, on June 28, 1993, the Planning and Zoning Board ("the Board")
approved the Lindimer Preliminary Subdivision ("the Subdivision") ; and
WHEREAS, on July 12, 1993, a Notice of Appeal of the Board's decision was
filed with the City Clerk by Charlie Tidd and Suzanne Bassinger; and
WHEREAS, on August 3, 1993, 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 and heard presentations from the
appellants and other parties-in-interest; and
WHEREAS, at the conclusion of said hearing, the Council determined that the
appeal should be denied; 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 on the
appeal .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the Council hereby finds as follows:
(a) that the grounds for appeal as stated in the appellants' Notice of
Appeal conform to the requirements of Section 2-48 of the City Code;
(b) that the Lindimer Preliminary Subdivision conforms to the relevant
provisions of the City Code, including, without limitation, the use,
bulk and area requirements in Sections 29-147, 29-148 and 29-133,
which are applicable to the R-L-P Zoning District, as well as the
plat approval procedures and design criteria for subdivisions
contained in Article V of Chapter 29;
(c) that the appellants have withdrawn the allegation in their Notice of
Appeal that the Board failed to hold a fair hearing by considering
substantially false or grossly misleading evidence;
(d) that the Board properly interpreted and applied the relevant
provisions of the City Code in approving the Subdivision;
(e) that the condition imposed by the Board with regard to the provision
of record notice to future owners of property within the Subdivision
should be modified as stated below.
Section 2. That, for the foregoing reasons, the decision of the Board
approving the Lindimer Preliminary Subdivision is hereby upheld; provided,
however, that the record notice to be placed in the development agreement for the
Subdivision, and the protective covenants therefor, shall include notice of the
existence of a horse facility adjacent to the Subdivision, together with notice
of the ordinary uses associated therewith, in a form acceptable to the City
Attorney, but that said notice need not include a waiver of all future claims
against the owners or operators of said horse facility.
Passed and adopted at a regular meeting of the Co 1 of the Ci Fort
Collins held this 17th day of August, A.D. 1993.
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ATTEST:
City Clerk .)
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