Loading...
HomeMy WebLinkAbout1995-053-04/25/1995-ADMINISTRATIVE CHANGE APPEAL FINDINGS OF FACT PLANNING AND ZONING BOARD SATURN OF FORT COLLINS PUD RESOLUTION 95-53 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING AN APPEAL FROM THE DECISION OF THE PLANNING AND ZONINGBOARD APPROVINZi THE SATURN OF FORT COLLINS P.U.D., REFERRAL OF AN ADMINISTRATIVE CHANGE WHEREAS, on February 6, 1995, the Planning and Zoning Board (the "Board") denied the Saturn of Fort Collins, P.U.D., Referral of an Administrative Change (the "Project"); and WHEREAS, a timely Notice of Appeal of the Board's decision was filed with the City Clerk by Eugene A. Markley, affected party in interest alleging that, in making its decision, the Board: (1) considered evidence relevant to its findings which was substantially false or grossly misleading, and (2) failed to properly interpret or apply the relevant provisions of the Code and Charter; and WHEREAS,on March 21, 1995,the City Council considered the foregoing appeal,reviewed the record on appeal and heard presentations regarding the same; and WHEREAS, at the hearing on the appeal, the Appellant withdrew the allegation that the Board considered evidence that was substantially false or grossly misleading; and WHEREAS, at the conclusion of said hearing, the City Council overturned the decision of the Board; and WHEREAS, Section 2-56(c) of the City Code requires that,no later than the date of its next regular meeting, the City_ Council shall adopt, by resolution, findings of fact in support of its decision. NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the Board failed to properly interpret and apply Criterion A-2.7 of the Land Development Guidance System. Section 2. That the architecture proposed for the Project is appropriate for the uses and activities that are planned and does contribute to the neighborhood's appearance in a positive way, as required by LDGS Criterion A-2.7. Section 3. That the decision of the Board with regard to the Project is hereby overturned by the Council and that the administrative change for the Project, as submitted by Vaught Frye Architechts, is hereby approved. Passed and adopted at an adjourned meeting of Council e Cit of Fort ins thi 25th day of April, 1995. ayor ATTEST: yu City Clerk