HomeMy WebLinkAbout1990-170-11/20/1990-BUILDING REVIEW BOARD FORT RAM VILLAGE PHASE 3 HANDICAPPED ACCESSIBLE UNITS OVERTURNING DECISION RESOLUTION 90-170
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL
OF THE GRANTING BY THE BUILDING REVIEW
BOARD OF A VARIANCE TO THE STATUTORY
REQUIREMENT REGARDING HANDICAPPED
ACCESSIBLE DWELLING UNITS IN
THE FORT RAM VILLAGE PHASE 3, AND
OVERTURNING' THE DECISION
OF THE BOARD
WHEREAS, on September 27, 1990, the Building Review Board, after notice and
hearing, granted a variance to the requirement contained in Section 9-5-111,
C.R.S. , that, in the construction of the Fort Ram Village Phase 3 (the
"Project") , one handicapped accessible dwelling unit be included for every seven
dwelling units constructed; and
WHEREAS, on October 11, 1990, the Commission on Disability of the City
of Fort Collins, through its Executive Committee and its Building Plan and Site
Review Subcommittee, filed a Notice of Appeal appealing the aforesaid decision
of the Building Review Board; and
WHEREAS, on November 6, 1990, the City Council , after notice and hearing
in accordance with Chapter 2, Article II, Division 3 of the City Code, considered
said appeal as filed by the Appellants; and
WHEREAS, upon hearing and after full consideration of the record on appeal
as presented to the Building Review Board, and after hearing argument thereon,
the Council made the following findings of fact:
1 . The grounds for appeal as stated in the Notice of Appeal of
the Appellants conform to the requirements of Section 2-48 of
the City Code.
2. With respect to the grounds alleged by the Appellants in the
Notice of Appeal :
a. The Building Review Board did not abuse its
discretion; its decision was not arbitrary and without
the support of competent evidence in the record.
b. The Building Review Board did not fail to conduct
a fair hearing by reason of exceeding its jurisdiction
as contained in the Code and Charter or by reason of
considering evidence relevant to its findings which was
substantially false or grossly misleading.
C. The Building Review Board did fail to properly
interpret and apply the relevant provisions of Section
9-5-101, et seq. , C.R.S. (the "Statute") , as referenced
in Section 5-27(26) of the Code; and
WHEREAS, the record on appeal in this case, when taken as a whole, did not
substantiate the Board's finding that an unusual hardship exists, nor did it
demonstrate that the application of the standards and specifications in the
Statute would be impractical or would unreasonably complicate the construction
of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. The decision of the Building Review Board of September 27,
1990, varying and modifying the handicapped accessible dwelling unit
requirements of the Statute with regard to the Project is hereby overturned.
Section 2. The Project should be constructed according to the
requirements of Article 5, Title 9, C.R.S. , without modification or exception.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 20th day of November, A.D. 1990.
Mayor
ATTEST:
:R
City Clerk
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