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