HomeMy WebLinkAbout1993-006-01/05/1993-APPEAL HARRIS MACHINE PUD JOHN HAGGERTY MARINE SPORTS WEST PLANNING AND ZONING BOARD RESOLUTION 93- 6
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
AN APPEAL FROM A DECISION OF THE PLANNING AND
ZONING BOARD RELATING TO THE MARINE SPORTS WEST
AND HARRIS MACHINE PUD
WHEREAS, on November 16, 1992, the Planning and Zoning Board ("the Board")
approved the Marine Sports West and Harris Machine PUD Preliminary and Final
Plan; and
WHEREAS, on November 19, 1992, an appeal of the Board's decision was made
by John J. Haggerty; and
WHEREAS, on December 15, 1992, 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 arguments from the
appellants and other parties-in-interest.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the grounds for appeal as stated in the appellant's notice
of appeal dated November 19, 1992, conform to the requirements of Section 2-48
of the City Code.
Section 2. That, in reviewing the Marine Sports West and Harris Machine
PUD Preliminary and Final , the Board failed to properly interpret and apply the
relevant provisions of the City Code, because the Board overlooked the fact that
certain activities, including the outside removal of motors from boats and the
testing of motors in an outdoor test tank were being conducted in violation of
Criterion No. 2 of Activity "D" (the Auto-related and Roadside Commercial Point
Chart) , which criterion requires, in order to achieve the minimum applicable
points, an affirmative response to the question:
Are all repair, painting and bodywork activities,
including storage of refuse and vehicular parts, planned
to take place within an enclosed structure? (Emphasis
supplied. )
Section 3. That, for the foregoing reason, the decision of the Board
approving the Marine Sports West and Harris Machine PUD is hereby overturned, and
the application for approval of said PUD is hereby denied.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 5th day of January, A.D.J/1
1993. / /
4't'r kf l ZuC -
Mayor
ATTEST:
^
City Clerk
2