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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 yr ATTEST: City Clerk