HomeMy WebLinkAbout1995-107-07/25/1995-APPEAL DUPLEX RESIDENCE FINDINGS OF FACT MARSEE PUD PLANNING AND ZONING BOARD RESOLUTION 95-107
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING AN APPEAL FROM THE DECISION OF THE
PLANNING AND ZONING BOARD'S APPROVAL OF THE MARSEE P.U.D.
CONVERSION OF A SINGLE-FAMILY RESIDENCE TO A DUPLEX RESIDENCE
#14-51 AND OVERTURNING THE DECISION OF THE BOARD
WHEREAS, on May 22, 1995, the Planning and Zoning Board (the "Board") approved the
Marsee, P.U.D. (the "Project"); and
WHEREAS, a timely Notice of Appeal of the Board's decision was filed with the City Clerk
by R.W. and Arlene Anderson,et al., affected parties-in-interest alleging that,in making its decision,
the Board: (1)considered evidence relevant to its findings which was substantially false or grossly
misleading, (2)failed to properly interpret or apply the relevant provisions of the Code and Charter,
and(3) the Board failed to conduct a fair hearing in that the Board substantially ignored its previous
established rules of procedure; and
WHEREAS, on June 27, 1995, the City Council considered the foregoing appeal, reviewed
the record on appeal and heard presentations regarding the same; and
WHEREAS, at the conclusion of said hearing, the City Council determined that the Board
did not fail to properly conduct a fair hearing and it did not substantially ignore its previous
established rules of procedure, but that it did fail to properly interpret and apply relevant provisions
of the Code and Charter; and
WHEREAS, Council overturned the decision of the Board; and
WHEREAS, Section 2-56(c) of the City Code requires that, no later than the date of its next
regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its
decision.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. The Board did not fail to conduct a fair hearing, either by considering
evidence relevant to its findings which was substantially false or grossly misleading or by
substantially ignoring its previously established rules of procedure.
Section 2. The Board failed to properly interpret and apply relevant provisions of the City
Code and Charter by granting a variance to the Residential Uses Point Chart of the Land
Development Guidance System, since the Project, as proposed, would not have been equal to or
better than a Project which complies with said Residential Uses Point Chart.
Section 3. That,for the foregoing reasons,the appeal of the Planning and Zoning Board's
decision regarding the Project is hereby upheld and approval of the Project is denied.
Passed and adopted-at-an-adjoumed-meetin&of Council-of 1he)C ity of EoTI,Cco}1msEhi s 25th
day of July, 1995.
Mayor
ATTEST:
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City Clerk
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