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HomeMy WebLinkAbout1990-015-02/06/1990-APPEAL FIRE BOARD OF APPEALS GLISAN PROSPECT PLAZA APARTMENTS RESOLUTION 90- 15 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT REGARDING THE APPEAL BY H. C. GLISAN, D/B/A PROSPECT PLAZA APARTMENTS, OF THE DECISION OF THE FIRE BOARD OF APPEALS WHEREAS, on October 26, 1989, the Fort Collins Fire Board of Appeals (the "Board") , pursuant to the authority contained in Sections 2-103 and 9-2 of the City Code, and after notice and hearing, rendered a decision regarding the interpretation and application of Sections 10.306(a) and 1 . 103(b) of the Uniform Fire Code to H. C. Glisan, d/b/a Prospect Plaza Apartments ("Prospect Plaza") ; and WHEREAS, by its decision, the Board upheld the determination of the Fire Chief that an improved automatic fire alarm system was required to be installed in certain of the apartment buildings owned by Prospect Plaza; and WHEREAS, on November 8, 1989, a notice of appeal (the "Appeal ") was filed on behalf of Prospect Plaza appealing the decision of the Board to the City Council ; and WHEREAS, on January 16, 1990, the City Council , after notice and hearing in accordance with Chapter 2, Article II, Division 3 of the City Code, considered the Appeal ; and WHEREAS, after full consideration of the record on appeal and after hearing argument thereon, the Council decided the Appeal , subject to its adoption of a resolution containing findings of fact consistent with its decision. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, HEREBY MAKES THE FOLLOWING FINDINGS OF FACTS AND DETERMINATIONS WITH REGARD TO THE APPEAL: Section 1 . Grounds for the Appeal . Prospect Plaza has alleged that it was denied a fair hearing in this matter for the following reasons: (a) the decision of the Board was arbitrary and without the support of competent evidence; (2) the Board failed to interpret and apply relevant provisions of the Fort Collins Code and Fort Collins Charter properly; (3) the Board failed to conduct a fair hearing in that it had, prior to the hearing and unbeknownst to Prospect Plaza, received a packet of materials from the Fire Chief which were made available to Prospect Plaza only after its attorney learned of its existence during the hearing. Section 2. Fairness of the Hearing. The Council hereby finds and determines that the procedures of the Board prior to and during the hearing were not sufficiently clear and correct so as to afford Prospect Plaza a fair opportunity to fully understand the issues to be addressed at the hearing and to respond to all evidence introduced on behalf of the Fire Chief. Sufficient confusion existed with regard to the notice to Prospect Plaza, the role of the Board, the issues to be determined and the evidence to be considered that a rehearing of the matter by the Board is warranted. Section 3. Substance of the Board's Decision. Because of the Council 's findings with regard to the procedural issues discussed above, the Council need not address the merits of the Board's decision or the allegations of Prospect Plaza that the Board abused its discretion and failed to properly interpret and apply the relevant provisions of the Code and Charter. Such allegations will be determined by the Council , if at all , only after a rehearing before the Board and a subsequent new appeal of the Board's decision. Section 4. Conclusions and Final Decisions. For the foregoing reasons, the Council hereby determines that Prospect Plaza was denied a fair opportunity to be heard before the Board and the appeal of Prospect Plaza is upheld for that reason. This matter is remanded to the Board for a rehearing as to the applicability of the aforementioned sections of the City Code to Prospect Plaza. Such hearing is to be held in accordance with the notice and hearing requirements contained in the Code and all other applicable provisions of law. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 6th day of February, A.D. 1990. AT ST: Assistant Mayor t TE City.My Clerk