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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: 2 City Clerk 2