HomeMy WebLinkAbout1990-113-07/17/1990-APPEAL DENY ADMINISTRATIVE CHANGE LIGHTING OVERTURNING DECISION PLANNING AND ZONING BOARD RAINTREE C RESOLUTION 90-113
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD'S
RECOMMENDATION TO DENY THE ADMINISTRATIVE CHANGE
FOR LIGHTING AT RAINTREE COMMERCIAL
PUD, PHASE 1, TRACTS A & B, AND
OVERTURNING THE DECISION OF THE BOARD
WHEREAS, on May 7, 1990, the Planning and Zoning Board, after notice
and hearing, recommended denial of the Administrative Change for lighting
at Raintree Commercial PUD, Phase 1, Tracts A & B; and
WHEREAS, on May 21, 1990, Timothy Stein of Accurate Sign Maintenance
filed a Notice of Appeal , appealing the aforesaid decision of the Planning
and Zoning Board; and
WHEREAS, on July 3, 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 Timothy Stein; and
WHEREAS, upon hearing and after full consideration of the record on
appeal as presented to the Planning and Zoning 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
Timothy Stein conform to the requirements of Section 2-48 of the
City Code.
2. The decision of the Planning and Zoning Board and the decision of
the City Council pursuant to this Resolution constitute
recommendations to the Planning Director only.
3. The Planning and Zoning Board:
a. Abused its discretion by relating the lighting to signage and
by considering light spillage that would result from the
proposed admiministrative changes to be excessive.
b. Failed to properly interpret and apply the relevant provisions
of Activity Category A of Section 29-526 of the Code of the
City of Fort Collins.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of May 7, 1990,
recommending to the Planning Director denial of the administrative change
request for lighting at Raintree Commercial PUD, Phase 1, Tracts A & B be
overturned and the Council of the City of Fort Collins recommends to the
Planning Director approval of the administrative change for lighting at
Raintree Commercial PUD, Phase 1, Tracts A & B.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 17th day of July, A. D. 1990.
PU Off
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ATTEST:
City Clerk